Coronavirus (Recovery and Reform) (Scotland) Act 2022

5 Interpretation of Chapter S

(1) In this Chapter—

• “the 1980 Act” means the Education (Scotland) Act 1980,

• “the 2005 Act” means the Further and Higher Education (Scotland) Act 2005,

• “child minder” has the meaning given by paragraph 12 of schedule 12 of the Public Services Reform (Scotland) Act 2010,

• “early learning and childcare” has the meaning given by section 46 of the Children and Young People (Scotland) Act 2014,

• “education” includes early learning and childcare, school education, further education and higher education,

• “education authority,” “grant-aided school”, “independent school”, “public school”, “school” and “school education” have the meanings given by section 135(1) of the 1980 Act,

• “educational establishment”—

  (a)

  means—

  (i)

  a school,

  (ii)

  an education and training establishment approved by the Scottish Qualifications Authority under section 2 of the Education (Scotland) Act 1996 as suitable for presenting persons for SQA qualifications,

  (iii)

  a further education institution,

  (iv)

  a higher education institution, and

  (b)

  is also to be construed in accordance with subsections (3) and (4) of this section,

• “further education” has the meaning given by section 6 of the Further and Higher Education (Scotland) Act 1992,

• “further education institution” means—

  (a)

  a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” or under the heading “Other institutions” in schedule 2 of the 2005 Act,

  (b)

  a college of further education which is assigned to a regional strategic body by an order made under section 7C(1) of the 2005 Act,

• “governing body” has the meaning given by section 35(2) of the 2005 Act,

• “higher education” has the meaning given by section 38 of the Further and Higher Education (Scotland) Act 1992,

• “higher education institution” means—

  (a)

  a body listed under the heading “Institutions formerly eligible for funding by the Scottish Higher Education Funding Council” or under the heading “Other institutions” in schedule 2 of the 2005 Act,

  (b)

  a person who provides a course of higher education designated by the Scottish Ministers under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 (S.S.I. 2007/154) for the purposes of regulation 3(2) of those Regulations,

• “managers”, in relation to a grant-aided school, has the meaning given by section 135(1) of the 1980 Act,

• “out of school care” means care which is provided—

  (a)

  to children who are in attendance at a school,

  (b)

  outside school hours or during school holidays, and

  (c)

  by a child minder or a service for the day care of children within the meaning given by paragraph 13 of schedule 12 of the Public Services Reform (Scotland) Act 2010,

• “proprietor”, in relation to an independent school, has the meaning given by section 135(1) of the 1980 Act,

• “protecting public health” has the meaning given by section 1(5) of the Public Health etc. Scotland Act 2008.

(2) In this Chapter, “relevant operator”—

(a) in relation to a school, means—

(i) where the school is a public school, the education authority by which it is managed,

(ii) where the school is an independent school, the proprietor,

(iii) where the school is a grant-aided school, the managers,

(b) in relation to an education and training establishment approved by the Scottish Qualifications Authority under section 2 of the Education (Scotland) Act 1996 as suitable for presenting persons for SQA qualifications, means the person who has responsibility for the management of the establishment,

(c) in relation to a further education institution or a higher education institution, means the governing body of the institution.

(3) Where out of school care is provided by a person in a school, “relevant operator” also includes such a person.

(4) Where school education, early learning and childcare or out of school care is provided by a person in premises other than a school—

(a) “relevant operator” also includes such a person, and

(b) references to “educational establishment” in this Chapter are to be read as if they were references to such premises.

Commencement Information

I1 S. 5 in force at 1.9.2022, see s. 59(1)