Accessibility Options Printer friendly Email us Contact us

Schools (Consultation) (Scotland) Act Written Answer, 03/02/10 [S]

Written Answer given in response to Jamie Hepburn's (SNP) question asking the Scottish Executive what the transitional arrangements are regulating local authority consultation on the proposed closure of schools between the Schools (Consultation) (Scotland) Bill being passed by the Scottish Parliament and the Act coming into force; and whether its powers to call in a school closure decision under the Schools (Consultation) (Scotland) Act 2009 can be used prior to the act coming into force in cases where a local authority is conducting a consultation based on the actís principles.

The Cabinet Secretary for Education and Lifelong Learning, Michael Russell, replied that consultations on proposed school closures that commence before 5 April 2010 should be conducted under the new process set out in the act unless a decision is taken by the council before commencement.

Should a decision be taken before commencement then it would still be liable to referral to Scottish Ministers for consent if it meets the criteria. Should a decision be taken after commencement the consultation would be required to meet the requirements as set out in the Schools (Consultation) Act 2010.

Scottish Ministers will only have the power to call in a local authority school closure decision after the Schools (Consultation) (Scotland) Act 2010 has commenced on 5 April 2010, regardless of whether or not the authority has chosen to consult using the new process set out in the act.

For the full answer to this and other questions see the Scottish Parliament Written Answers Report 1 - 5 February 2010 which is available from the Scottish Parliament website.

Further Information

Scottish Parliament Written Answers Report 1 - 5 February 2010