- Latest available (Revised)
- Original (As enacted)
Education (Scotland) Act 2016
You are here:
- Acts of the Scottish Parliament
- 2016 asp 8
- PART 3
- Section 28
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
Education (Scotland) Act 2016, Section 28 is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 28:
- specified provision(s) amendment to earlier commencing S.S.I.2017/164, sch. by S.S.I. 2017/352 reg. 2
28Head teachers: education and training standardsS
This section has no associated Explanatory Notes
(1)After section 90 of the 1980 Act insert—
“90AHead teachers: education and training standards
(1)The Scottish Ministers may by regulations under section 2 or 74(1) prescribe that only persons falling within subsection (2) may be appointed by education authorities or managers of grant-aided schools as head teachers of schools.
(2)A person falls within this subsection if the person has achieved such standards of education and training as may be specified in regulations mentioned in subsection (1).
(3)Regulations made by virtue of subsections (1) and (2) may—
(a)provide for exemptions or exceptions,
(b)make different provision for different purposes,
(c)make consequential, transitional or transitory provision or savings.”.
(2)After section 98D of the 1980 Act insert—
“98DAHead teachers of independent schools: education and training standards
(1)The Scottish Ministers may by regulations make provision for or in connection with the standards of education and training to be achieved by persons who are to be appointed as head teachers of independent schools.
(2)Regulations under subsection (1) may make provision in relation to—
(a)a registered school,
(b)a school in respect of which an application under section 98A is made.
(3)Regulations under subsection (1) may—
(a)provide for exemptions or exceptions,
(b)make different provision for different purposes,
(c)make consequential, transitional or transitory provision or savings.”.
(3)In section 133 of the 1980 Act (regulations, etc.), after subsection (2B) insert—
“(2BA)Subsection (2) above shall not apply to any regulations under—
(a)section 2 or 74(1) that make provision such as is mentioned in section 90A, or
(b)section 98DA(1);
and such regulations shall be subject to the affirmative procedure.”.
Commencement Information
I1S. 28(1) in force at 1.1.2017 by S.S.I. 2016/386, reg. 2, sch.
I2S. 28(3) in force at 10.1.2018 by S.S.I. 2017/354, reg. 2(b)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.