11ZADirections relating to making documents available and holding public meetings

1

The Scottish Ministers may, on the application of an education authority, give a direction that the education authority is to take one or more of the actions mentioned in subsection (2).

2

Those actions are—

a

to disregard the duty under section 4(4)(a) and 9(3)(a) to publish things in printed form,

b

to treat the duty under sections 4(4)(b) and 9(3)(b) to make things available for inspection in a place as a duty to make things available in such manner as the education authority considers appropriate instead,

c

to meet the duty under section 7(1) to hold a public meeting in a place by holding a meeting using remote facilities instead.

3

A direction may be given under this section only if the Scottish Ministers are satisfied that giving the direction is a necessary and proportionate action for or in connection with the protection of public health.

4

A direction given under this section may vary or revoke an earlier direction.

5

A direction under this section—

a

may be varied or revoked,

b

may relate to one or more relevant proposals,

c

may be given subject to such conditions as may be specified in the direction.

6

A direction given under this section must be published in such manner as the Scottish Ministers consider appropriate.

7

In this section—

• “protection of public health” is to be construed in accordance with section 1(5) of the Public Health etc. (Scotland) Act 2008,

• “remote facilities” means any equipment or facility which—

  1. a

     enables persons who are not in the same place to participate in the meeting, and

  2. b

     enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).