annex c: current framework for handling school closures
The current framework for handling school closures is set out in primary legislation, secondary legislation, and advisory circulars issued by the Scottish Government. The provisions in primary legislation are:
- Section 17 of the Education (Scotland) Act 1980 (the 1980 Act), which requires education authorities to provide sufficient school accommodation;
- Section 22 of the 1980 Act, which allows them to make changes to schools, including closing them;
- Section 22A of the 1980 Act, which requires authorities to consult on closure proposals and other proposals set out in regulations, in the manner also set out in regulations and not to make a final decision without having regard to consultation responses;
- Section 22B of the 1980 Act, which allows Ministers to prescribe certain types of proposals from authorities which must be referred to them for their consent; and
- Sections 22C and 22D of the 1980 Act, which make provision for proposals involving denominational schools to be referred to Ministers.
In secondary legislation the Education (Publication and Consultation Etc.) (Scotland) Regulations 1981 (Statutory Instrument No. 1558), 13 which were made under the above powers in sections 22A and 22B of the 1980 Act, set out:
- the kind of proposals on which an education authority is required to carry out a consultation;
- the people who must be involved in such consultations;
- the procedures to be followed in relation to consultations;
- the manner of consultation with Parent Councils and in relation to denominational schools;
- requirements in relation to advertisement of certain types of proposal; and
- the kind of proposals which require the consent of Scottish Ministers before they can be implemented.
A copy of the Regulations as they currently stand is at annex d.
Guidance on school closure proposals was published in:
- 1981 (just after the regulations had first been introduced);
- 1988 (when some changes were made to the 1981 Regulations, including introducing the ground for referring cases to Ministers where the school roll is more than 80% of the schools' capacity); and
- in 2004, re-issued on 11 October 2007 with a covering letter from the Cabinet Secretary for Education and Lifelong Learning.
The guidance notes set out the requirements on authorities in legislation, and gives advice and suggestions on handling school closure proposals. The guidance is accessible on-line at www.scotland.gov.uk/Topics/Education/Schools/Buildings/guidance. The covering letter from the Cabinet Secretary for Education and Lifelong Learning can be accessed at www.scotland.gov.uk/Topics/Education/Schools/Buildings/closures-letter.