Education (Scotland) Act 1980

1. Introductory Text

2. Part I Provision of Education by Education Authorities

   1. School education and further education

      1. 1. Duty of education authorities to secure provision of education.

      2. 2. Secretary of State may prescribe standards, etc., for education authorities.

      3. 2A. Assessment of secondary school pupils.

      4. 3. Fees not to be charged in public schools, etc: exceptions.

      5. 4. Duty of education authorities to provide child guidance service.

      6. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. 6. Social activities, physical education, etc.

      8. 7. Provision of educational facilities to be in accordance with schemes.

      9. 8. Religious instruction.

      10. 9. Conscience clause.

      11. 10. Safeguards for religious beliefs.

      12. 11. Provision of books, materials and special clothing free of charge.

      13. 12. Library service.

      14. 13. Provision of hotels.

      15. 14. Power to provide education elsewhere than at an educational establishment.

      16. 14ZA. Meaning of pupil in sections 12 to 14.

      17. 14A. Education in social work establishments.

   2. Transference of schools to education authorities

      1. 15. Transference of endowed schools to education authorities.

      2. 16. Transference of denominational schools to education authorities.

   3. Provision, maintenance and equipment of schools and other buildings

      1. 17. Provision, maintenance and equipment of schools and other buildings.

      2. 18. Improvements as to premises of educational establishments for the safety of pupils.

      3. 19. Power of Secretary of State to prescribe standards for premises, etc., of educational establishments.

      4. 19A. Secretary of State’s power to control use of dangerous materials or apparatus in educational establishments.

      5. 20. Acquisition of land and execution of works.

   4. Management of denominational schools

      1. 21. Management of denominational schools.

   5. Discontinuance and moves of educationalestablishments

      1. 22. Discontinuance and moves of educational establishments.

   6. Consultation on, and consent for, changes in certain educational matters

      1. 22A. Consultation on certain changes in educational matters.

      2. 22B. Consent for certain changes in educational matters.

      3. 22C. Consent for certain changes affecting denominational schools.

      4. 22D. Further provisions relating to denominational schools.

   7. Co-operation between education authorities and others

      1. 23. Provision by education authority for education of pupils belonging to areas of other authorities.

      2. 24. Power of education authorities to make payments to persons providing education, etc.

   8. Promotion of educational developments

      1. 25. Educational research.

      2. 26. Educational conferences.

      3. 27. Provision of museums by education authorities.

3. Part II Rights and duties of Parents and functions of Education Authorities in relation to Individual Pupils

   1. General principle

      1. 28. Pupils to be educated in accordance with the wishes of their parents.

      2. 28A. Duty to comply with parents’ requests as to schools.

      3. 28B. Information as to placing in schools and other matters.

      4. 28C. Reference to appeal committee of refusal of placing request.

      5. 28D. Appeal committees.

      6. 28E. Appeal committees: supplementary provisions.

      7. 28F. Appeal to sheriff from appeal committee.

      8. 28G. Application of sections 28A to 28F and Schedule A1 to young persons.

      9. 28H. Reference to appeal committee, and appeal therefrom of decision to exclude pupil.

   2. Information as to schools and pupils

      1. 28I. Information as to schools.

      2. 28J. Requirement to provide information as to school education.

      3. 28K. Information as to pupils.

      4. 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   3. Duty of parents to provide education for their children

      1. 30. Duty of parents to provide education for their children.

      2. 31. School age.

      3. 32. Dates for commencement of school attendance.

      4. 33. School leaving dates.

      5. 34. Exemption from school attendance.

   4. Failure of parents to provide education for their children

      1. 35. Failure by parent to secure regular attendance by his child at a public school.

      2. 36. Power of education authority in relation to irregular attendance of child at a public school.

      3. 37. Power of education authority where not satisfied that parent is providing efficient education for his child.

   5. Attendance orders

      1. 38. Making of attendance orders.

      2. 39. Amendment and revocation of attendance orders.

      3. 40. Period of operation of attendance orders.

      4. 41. Failure to comply with attendance order.

   6. Reasonable Excuses

      1. 42. Reasonable excuses.

   7. Prosecutions

      1. 43. Prosecutions and penalties.

      2. 44. Powers of Courts in relation to child.

      3. 45—48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   8. Corporal Punishment

      1. 48A. Abolition of corporal punishment of pupils.

   9. Provision to assist pupils to take advantage of educational facilities

      1. 49. Power of education authorities to assist persons to take advantage of educational facilities.

      2. 50. Education of pupils in exceptional circumstances.

      3. 51. Provision of transport and other facilities.

      4. 52. Recovery of cost of board and lodging.

   10. Provision of food and clothing

       1. 53. Provision of school meals.

       2. 54. Provision of clothing for pupils at public schools.

       3. 55. Provision of food and clothing for pupils at schools other than public schools.

       4. 56. Condition of provision of clothing by education authorities.

   11. Health and cleanliness of pupils

       1. 57. Medical and dental examination and inspection.

       2. 58. Power to ensure cleanliness.

   12. Children requiring special education

       1. 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       2. 60. Functions of education authority in relation to children and young persons with certain special educational needs.

       3. 61. Examination and assessment of children and young persons.

       4. 62. Recording of children and young persons.

       5. 63. Appeals against decisions about recorded children or young persons.

       6. 64. Provisions supplementary to section 63.

       7. 65. Appeal to sheriff on the placing in a school of a recorded child or young person.

       8. 65A. Review by education authority of decision to record and information in Record.

       9. 65B. Future provision for recorded children.

       10. 65C. Continuance of Record of young persons.

       11. 65D. Regulations regarding Records.

       12. 65E. Application of certain provisions of this Act to recorded children and young persons.

       13. 65F. Secretary of State may prescribe standards etc. for special schools.

       14. 65G. Attendance of certain children and young persons with special educational needs at establishments outwith United Kingdom.

4. Part III Administration and Finance

   1. Central administration

      1. 66. Inspection of educational establishments.

      2. 66A. Code of practice as regards inspections under section 66

      3. 67. Local inquiries.

      4. 68. Power to require submission to medical examination.

      5. 69. Approval and carrying out of schemes.

      6. 70. Powers to enforce duty of education authorities and other persons.

   2. Advisory councils

      1. 71. Advisory councils.

   3. Finance

      1. 72. Expenses of Secretary of State.

      2. 73. Power of Secretary of State to make grants to education authorities and others.

      3. 73A. Transfer or delegation of functions relating to student support.

      4. 73B. Regulations relating to student loans.

      5. 73C. Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.

      6. 73D. Provision as to maximum amounts of certain allowances.

      7. 73E. Supply of information in connection with student loans.

      8. 74. Payment of grants to be subject to conditions.

      9. 75. Examination of accounts.

      10. 75A. Assisted places at grant-aided and independent schools.

      11. 75B. Incidental expenses of and provision for pupils holding assisted places.

      12. 76. Industrial scholarships.

   4. Grant-aided colleges

      1. 77. Power of Secretary of State to make regulations with respect to certain institutions providing further education.

   5. Appointment of director of education

      1. 78. Appointment of director of education.

   6. Local administration

      1. 79. Education authorities may receive and administer bequests.

      2. 80. Funds for behalf of public schools etc., to be transferred to education authorities.

      3. 81. Trust funds to be kept separate.

      4. 82. Reports by education authorities.

      5. 83. Returns by registrars of births, deaths, and marriages to education authorities.

      6. 84. Certificates of birth.

      7. 85. Presumption of age.

      8. 86. Admissibility of documents.

5. Part IV Teachers

   1. Appointment, dismissal, retirement and employment of teachers

      1. 87. Appointment of teachers.

      2. 87A. Appointment of principal teachers.

      3. 87B. Selection of teachers.

      4. 88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 89. Age of retirement of teachers.

      6. 90. Employment of teachers.

   2. Pay and conditions of teaching staff employed in providing school education

      1. 91. Committee to consider pay and conditions of teaching staff employed in providing school education.

      2. 92. Composition of committee established under section 91.

      3. 93. Publication of settlements and awards in relation to teaching staff employed in providing school education.

      4. 94—96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   3. Provisions common to the two committees

      1. 97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 97A. Effect of settlement.

      3. 97B. Provision for arbitration.

      4. 97C. Interpretation of sections 91 to 97B.

      5. 97D. Remuneration of teaching staff: transitional provisions.

6. Part V Independent Schools

   1. 98. Registration of independent schools.

   2. 98A. Refusal of registration: referral to Independent Schools Tribunal

   3. 99. Complaints.

   4. 100. Determination of complaints.

   5. 101. Enforcement of orders.

   6. 102. Removal of disqualifications.

   7. 103. Proceedings before Independent Schools Tribunals and matters relating thereto.

7. Part VI Reorganisation of Endowments

   1. 104. Register of educational endowments.

   2. 105. Schemes for reorganisation of educational endowments.

   3. 106. Sale of land belonging to educational endowments.

   4. 107. Educational endowments applicable in part to non-educational purposes.

   5. 108. Non-educational endowments.

   6. 108A. Courts’ power to give effect to reorganisation scheme on petition of Lord Advocate.

   7. 109. Provisions regarding interests of individuals.

   8. 110. Provisions as to beneficiaries and teachers.

   9. 111. Accounts and audit of educational endowments.

   10. 112. Procedure in preparation of reorganisation schemes.

   11. 113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   12. 114. Effect of schemes.

   13. 115, 116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   14. 117. Cost of publishing scheme, etc.

   15. 118. Information by governing bodies.

   16. 118A. Income plans under schemes.

   17. 119. Quorum of governing body.

   18. 120. Provision for default of governing body.

   19. 121. Judgment of Court of Session final.

   20. 122. Interpretation of Part VI.

8. Part VII Miscellaneous Provisions

   1. Employment

      1. 123. Work experience in last year of compulsory schooling.

      2. 124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 125. Adaptation of enactments relating to employment of children and young persons.

   2. Children and young persons in accommodation

      1. 125A. Welfare of children and young persons in accommodation provided for purposes of school attendance.

   3. Careers services of education authorities

      1. 126. Provision of services by education authorities.

      2. 127. Records of vocational advice.

      3. 128. Control of education authorities by Secretary of State.

   4. Examinations Board

      1. 129. Establishment of Board to conduct examinations, etc.

   5. Savings and exceptions

      1. 130. Saving as to persons in the service of the Crown.

      2. 131. Saving as to persons suffering from mental disorder and persons detained by order.

      3. 131A. Consent of child to medical procedures

   6. General

      1. 132. Amendment of enactments.

      2. 133. Regulations, etc.

      3. 134. Notices.

      4. 135. Interpretation.

      5. 136. Transitional and savings provisions, amendments and repeals.

      6. 137. Short title, commencement and extent.

9. SCHEDULES

   1. SCHEDULE A1

      Appeal Committees

      1. 1. An appeal committee set up under section 28D(1) of this...

      2. 2. An appeal committee shall consist of 3, 5 or 7...

      3. 3. The persons appointed shall comprise— (a) members of the authority...

      4. 4. The members of an appeal committee who are members of...

      5. 5. A person who is a member of any committee such...

      6. 6. A person shall not be a member of an appeal...

      7. 7. A person who is— (a) a teacher at a relevant...

      8. 8. For the purposes of paragraph 7 above, “ relevant school...

      9. 9. An appeal committee constituted in accordance with this Schedule shall...

   2. SCHEDULE A2

      Application of Certain Provisions of this Act to Recorded Children and Young Persons

      1. 1. Sections 28B and 28D of this Act and Schedule A1...

      2. 2. Sections 28C, 28E(1) to (6) and 28F(1) and (5) to...

      3. 3. In relation to a recorded child, for section 28A of...

      4. 4. (1) Sections 28A, 28B and 28D of this Act and...

      5. 5. Sections 28C, 28E(1) to (6) and 28F(1) and (5) to...

      6. 6. Section 28G of this Act shall not apply in relation...

   3. SCHEDULE 1

      Local Inquiries

      1. 1. The Secretary of State shall appoint a person to hold...

      2. 2. The person appointed shall notify the bodies and persons appearing...

      3. 3. The person appointed may by notice in writing require any...

      4. 4. The person appointed to hold the inquiry may administer oaths...

      5. 5. The inquiry shall unless the Secretary of State otherwise directs...

      6. 6. Any person who refuses or wilfully neglects to attend in...

      7. 7. The Secretary of State may make orders as to the...

      8. 8. Any order by the Secretary of State under paragraph 7...

   4. SCHEDULE 1A

      Revocation of Determinations for the Purposes of the Assisted Places Scheme

      1. 1. The proprietors or managers of a participating school may request...

      2. 2. On the expiry of the period of notice referred to...

      3. 3. Subject to paragraph 4 below, the Secretary of State may...

      4. 4. (1) If the Secretary of State— (a) is not satisfied...

      5. 5. A notice of revocation of a determination given under paragraph...

      6. 6. Revocation of a determination shall not affect the operation of—...

   5. SCHEDULE 1B

      Remuneration of Teaching Staff: The Committee

      1. Procedure

         1. 1. The committee may, from time to time—

         2. 2. Subject to any standing orders made under paragraph 1(c) above...

      2. General powers

         1. 3. Subject to the provisions of this Act, the committee or...

         2. 4. Without prejudice to the generality of paragraph 3 above, the...

      3. Recovery of expenditure

         1. 5. Expenditure incurred by the committee shall be recoverable so far...

         2. 6. In so far as such expenditure is not defrayed from...

   6. SCHEDULE 2

      Constitution of Independent Schools Tribunals

      1. 1. . . . . . . . . . ....

      2. 2. No officer of any government department and no person employed...

      3. 3. . . . . . . . . . ....

      4. 4. Where any complaint is required to be determined by an...

      5. 5. In this Schedule “sheriff principal” means the sheriff principal of...

   7. SCHEDULE 3

      Transitional and Savings Provisions

      1. General

         1. 1. Where any document refers expressly or by implication to an...

         2. 2. Any reference in any provision of this Act (whether expressed...

      2. Children Requiring Special Education

         1. 3. Any reference in any enactment or other instrument passed or...

         2. 4. Any decision, made under the Act of 1962 before the...

      3. Savings

         1. 5. The repeal by the said Act of 1969 of sections...

         2. 6. The repeal by the said Act of 1969 of section...

   8. SCHEDULE 4

      Amendment of Enactments

      1. 1. . . . . . . . . . ....

      2. 2. . . . . . . . . . ....

      3. The Factories Act 1961 (c. 34)

         1. 3. In section 176(1) (interpretation), in the definition of “child” for...

      4. The Public Expenditure and Receipts Act 1968 (c. 14)

         1. 4. In Schedule 3 (variation of fees), in paragraph 1(b) for...

      5. The Social Work (Scotland) Act 1968 (c. 49)

         1. 5. In section 94(1) (interpretation), in the definition of “school age”...

      6. The Sex Discrimination Act 1975 (c. 65)

         1. 6. In section 22 (discrimination by bodies in charge of educational...

         2. 7. In section 23(2) (other discrimination by education authorities), for the...

         3. 8. In section 25 (general duty in public sector of education)—...

         4. 9. In section 79 (educational endowments to which Part VI of...

         5. 10. In section 81(3)(b) (orders), for the words “128 of the...

         6. 11. In section 82(1) (interpretation), in the definition of “education authority”,...

      7. The Race Relations Act 1976 (c. 74)

         1. 12. In section 17 (discrimination by bodies in charge of educational...

         2. 13. In section 18(2) (discrimination by education authorities), for the words...

         3. 14. In section 19 (general duty in public sector of education)—...

         4. 15. In section 78(1) (interpretation), in the definitions of “education authority”,...

      8. The National Health Service (Scotland) Act 1978 (c. 29)

         1. 16. In section 15(1)(f) (supply of goods and services to local...

         2. 17. In section 39(5) (medical and dental health inspection, supervision and...

         3. 18. In section 108(1) in the definitions of “education authority” and...

         4. 19. In paragraph 10(b) of Schedule 15 (saving of amendments), for...

   9. Schedule 5

      Enactments Repealed

   10. SCHEDULE 6

       Postponement of The Commencement of Certain Provisions

       1. 1—15. . . . . . . . . . ....

       2. 16. Section 127(3) and (4).