Standards in Scotland’s Schools etc. Act 2000 (asp 6)

Pre-school children S

38 Admission of children under school age to primary school S

(1) Where a parent of a child who is under school age requests the education authority for the area in which the parent is ordinarily resident to admit the child to a class, other than a nursery class, in a primary school under the management of that authority, the authority shall, if the school education normally provided in such a class is suited to the ability and aptitude of the child, admit the child to such a class.

(2) Subsection (1) above is without prejudice to any other power or duty of the education authority.