Part IIIS Administration and Finance
Central administrationS
66 Inspection of educational establishments.S
(1)The Secretary of State shall have power to cause inspection to be made of every [F1school] at such intervals as appear to him to be appropriate, and to cause a special inspection of any [F2school] to be made whenever he considers such an inspection to be desirable, and he may from time to time cause inspection to be made of any other educational establishment, and such inspections shall be made by Her Majesty’s Inspectors or other persons appointed by the Secretary of State for the purpose.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(3)If any person obstructs any person authorised to make an inspection in pursuance of this section in the execution of his duty, he shall be liable on summary conviction to a fine not exceeding [F4£20 or in the case of a second or subsequent conviction to a fine not exceeding £50][F4level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
Textual Amendments
F1Word substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(14)(a)
F2Word substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(14)(b)
F3Ss. 5, 28(2), 59, 66(2), 111(4)(5), 129(5)(6), 132(1), Sch. 2 paras. 1, 3 repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9
F4Words from “level 4” to “scale” substituted (11.4.1983) for words from “£20” to “£50” by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289H, Sch. 7D item 54 (as inserted by Criminal Justice Act 1982 (c. 48), ss. 54, 56(2), Sch. 6)
Yn ddilys o 13/10/2000
[F566A Code of practice as regards inspections under section 66S
(1)Subject to subsection (2) below, the Scottish Ministers may, for the purposes of—
(a)giving practical guidance on matters relating to inspections under section 66 of this Act (including, without prejudice to that generality, such matters as the making and publishing of reports on those inspections); and
(b)promoting what appear to them to be desirable practices with respect to these matters,
from time to time prepare, approve and issue such codes of practice as in their opinion are suitable for those purposes.
(2)Subsection (1) above does not apply in relation to inspections of educational establishments which are institutions for the provision of any form of further education.]
Textual Amendments
F5S. 66A inserted (13.10.2000) by 2000 asp 6, s. 12; S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
67 Local inquiries.S
The Secretary of State may cause a local inquiry to be held for the purpose of the exercise of any of his functions under this Act [F6or any other enactment relating to education], and the provisions of Schedule 1 to this Act shall have effect with regard to any such inquiry.
Textual Amendments
F6Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 10 para. 8(15)
68 Power to require submission to medical examination.S
Where any question is to be decided by the Secretary of State under this Act or under any rule, regulation or order made thereunder, then, if in the opinion of the Secretary of State the medical examination of any pupil would assist the determination of the question, the Secretary of State may by notice in writing served on the parent of that pupil, if the pupil is enrolled at a school, or on the pupil himself if he is enrolled at [F7another] educational establishment, require the parent to submit him, or require the pupil to submit himself, as the case may be, for such examination; and if any person on whom such a notice is served fails without reasonable excuse to comply with the requirements thereof, he shall be liable on summary conviction to a fine not exceeding [F8£10][F8level 1 on the standard scale].
Textual Amendments
F7Word substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 10 para. 8(16)
F8Words from “level 1” to “scale” substituted (11.4.1983) for word “£10” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)
69 Approval and carrying out of schemes.S
(1)The Secretary of State may, after considering any representations made to him on the subject and the report of any local inquiry which may have been held under section 67 of this Act, approve, either as submitted or with such modifications and amendments as he thinks proper, any scheme or revised scheme or modification of an existing scheme (in this section referred to as “the scheme”) submitted to him under this Act by an education authority; and thereupon it shall be the duty of the education authority to carry the scheme into effect as so approved.
(2)If an education authority inform the Secretary of State that they are aggrieved by his approval with modifications or amendments of the scheme, the Secretary of State shall cause the scheme as so approved to be laid before Parliament as soon as may be thereafter together with the report of any local inquiry which may have been held under section 67 of this Act. If either House of Parliament within the period of forty days beginning with the day on which the scheme is laid before it resolves that the approval of the scheme be annulled, the scheme as so approved shall cease to have effect, but without prejudice to anything previously done thereunder or to the submission and approval with or without modifications and amendments of any new scheme, revised scheme or modification of an existing scheme.
(3)In reckoning any such period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
70 Powers to enforce duty of education authorities and other persons. S
If the Secretary of State is satisfied, either on complaint by any person interested or otherwise, that an education authority, [F9a School Board,] the managers of a school or educational establishment, or other persons have failed to discharge any duty imposed on them by or for the purposes of this Act or of any other enactment relating to education, the Secretary of State may make an order declaring them to be in default in respect of that duty and requiring them before a date stated in the order to discharge that duty. If by the said date the education authority, [F9a School Board,] managers or other persons have not discharged the duty, one or other of the following steps may be taken to secure the discharge thereof—
(a)the Secretary of State may make such arrangements as he thinks fit for the discharge of the duty, and all expenses incurred by the Secretary of State in so doing shall be recoverable as a debt due by the authority, managers or other persons to the Secretary of State; or
(b)the Court of Session may, on the application of the Lord Advocate, order specific performance of the duty.
Textual Amendments
F9Words inserted by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 6
Modifications etc. (not altering text)
C1S. 70 applied by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s.7(8)
C2S. 70: functions transferred (temp. 20.5.1999 to 1.7.1999) by S.I. 1999/901, art. 5, Sch. ; S.I. 1998/3178, art. 3
s. 70: functions transferred (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1; S.I. 1998/3178, art. 3
Advisory councilsS
71 Advisory councils.S
(1)It shall be lawful for Her Majesty by Order in Council to establish an advisory council consisting, as to not less than two-thirds of the members, of persons qualified to represent the views of various bodies interested in education, for the purpose of advising the Secretary of State on educational matters, and the Secretary of State shall take into consideration any advice or representation submitted to him by the advisory council.
(2)Provisions may be made in the said order for the appointment by the advisory council of special committees to deal with remits on particular subjects made to the council by the Secretary of State, for such special committees to be composed of persons nominated by the Secretary of State of whom some shall be members of the council and the remainder shall be persons having special knowledge or experience of the subjects of the respective remits, and for the reports of special committees to be submitted to the Secretary of State by the advisory council, who shall be entitled in submitting the reports to make such comments thereon as they think fit.
(3)The Secretary of State may, after consultation with education authorities and other persons interested, by order establish a regional advisory council for any branch of education, to advise the education authorities and other managers of schools, F10 and other educational establishments in the region as to the development of the branch of education for which the council is appointed.
Textual Amendments
F10Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11
FinanceS
72 Expenses of Secretary of State.S
(1)The expenses incurred by the Secretary of State in the exercise of his functions under this Act shall, in so far as they are not met under section 1(2) of the M1Reorganisation of Offices (Scotland) Act 1939, be defrayed out of money provided by Parliament.
(2)Any sum by which any grants under this Act are increased by reason of the powers and duties conferred and imposed by the provisions of section 48 of this Act on education authorities shall be defrayed out of money provided by Parliament.
Marginal Citations
73 Power of Secretary of State to make grants to education authorities and others.S
The Secretary of State may out of money provided by Parliament apply, in accordance with regulations made by him, such sums as he thinks necessary or expedient for any or all of the following purposes:—
(a)the payment of grants to education authorities;
(b)the payment of grants to universities;
(c)the payment of grants to the managers of educational establishments;
(d)the payment of grants to any other persons
[F11(i)[F12for] providing education or educational services;][F13or
(ii)in respect of expenditure incurred or to be incurred by them for the purposes of, or in connection with the provision (or proposed provision) of, education or educational services.]
(e)the payment of grants to persons to assist the carrying out of educational research;
(f)the payment of allowances to or in respect of persons attending courses of education;
(g)providing for any other educational expenditure approved by him.
Textual Amendments
F11The word “for” is inserted before “providing educational or educational services” to constitute subparagraph (i) of s. 73(d) by virtue of Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 73(a)
F12Word inserted by virtue of Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 73(a)
F13Word “or” and s. 73(d)(ii) inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 73(b)
Yn ddilys o 16/07/1998
[F1473A Transfer or delegation of functions relating to student support.S
(1)If the Secretary of State so determines, any function exercisable by him by virtue of regulations made under section 73(f) of this Act shall, to such extent as is specified in his determination, be exercisable instead by such body or person as is so specified.
(2)A person or body by whom any function is for the time being exercisable by virtue of subsection (1) above shall comply with any direction given by the Secretary of State as to the exercise of that function.
(3)The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of regulations under section 73(f) of this Act (including any such functions as to appeals).
(4)Any arrangements made under subsection (3) above shall not prevent the Secretary of State from exercising the function in question himself.
(5)The Secretary of State may make provision for enabling appeals—
(a)to be made with respect to such matters arising out of the exercise by any person or body of any function by virtue of subsection (1) or (3) above as he may determine; and
(b)to be so made to a person or body appointed by him for that purpose.
(6)The Secretary of State may pay to any person or body by whom any function is exercisable by virtue of subsection (1) or (3) above—
(a)such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person or body—
(i)in making grants or loans by virtue of regulations under section 73(f) of this Act, or
(ii)by way of administrative expenses,
in, or in connection with, the exercise of that function;
(b)in the case of any such person, or of any body with which the Secretary of State has made arrangements under subsection (3) above, such remuneration as he may determine.
(7)Any payment under subsection (6)(a) above may be made subject to such terms and conditions (including conditions as to repayment) as the Secretary of State may determine.
(8)The Secretary of State may pay to any person or body appointed by him under subsection (5) such remuneration or administrative expenses (or both) as he may determine.
(9)In relation to any function which, by virtue of subsection (1) or (3) above is exercisable to a specified extent, references in any other provision of this section to the exercise of that function are accordingly to its exercise to that extent.]
Textual Amendments
F14Ss. 73A-73D inserted (16.7.1998) by 1998 c. 30, ss. 29(2), 46(3) (with s. 42(8))
Yn ddilys o 16/07/1998
F1573B Regulations relating to student loans.S
(1)This section applies in relation to regulations under paragraph (f) of section 73 of this Act made with respect to loans.
(2)Regulations to which this section applies may make provision requiring such amounts as may be prescribed, payable under loans granted by virtue of such regulations, to be paid directly to institutions providing courses of education who have previously made payments of any prescribed description to persons attending such courses to whom such loans may be granted.
(3)Regulations to which this section applies may make such provision as the Secretary of State considers necessary or expedient in connection with the recovery of amounts due from borrowers under loans granted by virtue of such regulations, including provision for—
(a)imposing on employers, or (as the case may be) such other persons or bodies as may be prescribed, requirements with respect to—
(i)the making of deductions in respect of amounts so due (or, in any prescribed circumstances, amounts assessed in accordance with the regulations to be so due) from emoluments payable to borrowers,
(ii)the collection by other means of such amounts,
(iii)the transmission of amounts so deducted or collected to the Secretary of State in accordance with directions given by him;
(b)imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to the keeping and production of records for such purposes as may be prescribed;
(c)imposing on borrowers requirements with respect to—
(i)the provision of such information, and
(ii)the keeping and production of such documents and records,
relating to their income as may be prescribed;
(d)requiring the payment, by persons or bodies to whom the requirements imposed in pursuance of paragraphs (a) to (c) above apply, of—
(i)penalties in cases of non-compliance with, or otherwise framed by reference to, such requirements, and
(ii)interest in respect of periods when such penalties are due but unpaid;
(e)requiring the payment by borrowers, in respect of periods when amounts due under their loans are unpaid, of—
(i)interest (applied to such amounts at a rate calculated otherwise than in accordance with subsections (6) and (7) below), or
(ii)both such interest and one or more surcharges (together with further interest in respect of periods when such surcharges are due but unpaid);
(f)enabling the Secretary of State to require the reimbursement by borrowers of costs or expenses of any prescribed description incurred by him in connection with the recovery of unpaid amounts;
(g)applying or extending with or without modification, for purposes connected with the recovery of amounts under regulations to which this section applies, any of the provisions of the Taxes Acts or of regulations under section 203 of the M2Income and Corporation Taxes Act 1988 (PAYE);
(h)determining the priority as between deductions falling to be made by virtue of paragraph (a)(i) above and deductions falling to be made from emoluments payable to borrowers by virtue of other enactments (whenever passed);
(i)modifying any enactment or instrument (whenever passed or made) so as to provide for the treatment, in connection with any calculation with respect to income (however defined), of amounts due from or payable to such persons under loans granted by virtue of regulations to which this section applies.
(4)In subsection (3) above—
(a)“employers” means persons who make payments of, or on account of, income assessable to income tax under Schedule E, and
(b)“the Taxes Acts” has the same meaning as in the M3Taxes Management Act 1970.
(5)Regulations to which this section applies may make provision for the payment, in respect of amounts overpaid by borrowers, of interest at such rate, and calculated in such manner, as may be determined by the Secretary of State from time to time.
(6)A rate of interest, prescribed by regulations to which this section applies, to be borne by loans shall at no time exceed the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the M4Consumer Credit Act 1974 (exemption of certain consumer credit agreements by reference to the rate of the total charge for credit).
(7)Subject to subsection (6) above, regulations to which this section applies shall not prescribe a rate of interest to be borne by loans higher than that which the Secretary of State, having regard to such retail prices index as appears to him to be appropriate, is satisfied is required to maintain the value in real terms of the outstanding amounts of such loans.
(8)Regulations to which this section applies may make provision, for the purpose of calculating the interest to be borne by loans, for repayments by borrowers to be treated as having been made or received on such date or dates as may be prescribed.
(9)Regulations to which this section applies may prescribe requirements or other provisions which add to or otherwise modify, during the currency of a loan, requirements or other provisions (whether as to repayment or otherwise) which apply in relation to loans granted by virtue of such regulations.
(10)Regulations to which this section applies may make provision for a borrower not to be liable to make any repayment in respect of a loan—
(a)during such periods as may be prescribed from time to time, or
(b)in such circumstances as may be prescribed,
including provision for the cancellation of any further such liability of the borrower in any such circumstances.
(11)Regulations to which this section applies may make provision for appeals with respect to matters arising under such regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with such appeals).
(12)Regulations to which this section applies may, in relation to a borrower’s discharge under or by virtue of section 54 of the M5Bankruptcy (Scotland) Act 1985 or on an order being made under paragraph 11 of Schedule 4 to that Act, make provision for the treatment of any debt or liability to which a borrower is, or may become, subject in respect of sums received, or which he is entitled to receive, after the date of his sequestration.
(13)Nothing in this section prejudices the generality of section 73(f) of this Act.
Textual Amendments
F15Ss. 73A-73D inserted (16.7.1998) by 1998 c. 30, ss. 29(2), 46(3) (with s. 42(8))
Marginal Citations
Yn ddilys o 16/07/1998
F1673C Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.S
(1)The Secretary of State may by regulations make such transitional provision and savings in connection with the repeal by the Teaching and Higher Education Act 1998 of the M6Education (Student Loans) Act 1990 (“the 1990 Act”) as he considers necessary or expedient including—
(a)provision for any function which has been conferred under or by virtue of the 1990 Act to transfer to, or otherwise become exercisable by—
(i)the Secretary of State, or
(ii)such other person or body as may be prescribed,
to such extent as may be prescribed; and
(b)provision for the transfer to the Secretary of State or any such other person or body of rights or liabilities arising under or by virtue of the 1990 Act.
(2)Regulations made by virtue of paragraphs (a) and (b) of subsection (1) above may, in particular, provide for—
(a)any such function to be exercisable in pursuance of such regulations in such modified form as may be prescribed;
(b)the 1990 Act to have effect with such modifications as may be prescribed.
Textual Amendments
F16Ss. 73A-73D inserted (16.7.1998) by 1998 c. 30, ss. 29(2), 46(3) (with s. 42(8))
Marginal Citations
Yn ddilys o 16/07/1998
F1773D Provision as to maximum amounts of certain allowances.S
(1)This section applies to allowances payable by virtue of section 73(f) of this Act in respect of the fees charged in connection with attendance on a course of higher education.
(2)The Secretary of State may by order made by statutory instrument determine the maximum amount payable in any academic year of allowances to which this section applies in respect of such courses or classes of courses of higher education as may be so determined and, subject to subsection (3) below, a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)Where the Secretary of State has determined a maximum amount under subsection (2) above, he shall not make a further determination increasing that maximum amount under that subsection unless—
(a)he is satisfied that the increase is no greater than is required to maintain the allowance’s value in real terms; or
(b)a draft of the order containing the further determination has been laid before, and approved by a resolution of, each House of Parliament.
(4)For the purposes of subsection (3)(a) above the Secretary of State shall have regard to such retail prices index as appears to him to be appropriate.
(5)In subsection (2) above, “courses of higher education” means courses of higher education falling within section 38 of the M7Further and Higher Education (Scotland) Act 1992.
Textual Amendments
F17Ss. 73A-73D inserted (16.7.1998) by 1998 c. 30, ss. 29(2), 46(3) (with s. 42(8))
Marginal Citations
Yn ddilys o 16/07/1998
[F1873E Supply of information in connection with student loans.S
(1)This section applies to any information which is held—
(a)by the Commissioners of Inland Revenue, or
(b)by a person providing services to those Commissioners and in connection with the provision of those services.
(2)Information to which this section applies may be supplied to—
(a)the Secretary of State or the Department of Education for Northern Ireland,
(b)any person or body acting on behalf of the Secretary of State or that Department under the delegation of functions provisions, or
(c)any person or body by whom any function of the Secretary of State or that Department is for the time being exercisable to any extent by virtue of the transfer of functions provisions,
for the purpose of enabling or assisting the recipient to exercise any function in connection with the operation of the student loans scheme.
(3)Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless it is supplied—
(a)to a person or body to whom it could have been supplied under that subsection, or
(b)for the purposes of any civil or criminal proceedings arising out of the student loans scheme.
(4)Subsections (2) and (3) above extend only to the supply of information by or under the authority of the Commissioners of Inland Revenue.
(5)This section does not limit the circumstances in which information may be supplied apart from this section.
(6)In this section—
(a)“the delegation of functions provisions” means section 73A(3) of this Act or section 23(4) of the Teaching and Higher Education Act 1998;
(b)“the transfer of functions provisions” means section 73A(1) of this Act or section 23(1) of the Teaching and Higher Education Act 1998; and
(c)“the student loans scheme” means the provisions of—
(i)regulations under section 73(f) of this Act with respect to loans; or
(ii)regulations under section 22 of the Teaching and Higher Education Act 1998 so far as having effect in relation to loans under that section;
and in this subsection any reference to a provision of this Act includes a reference to any corresponding Northern Ireland legislation.]
Textual Amendments
F18S. 73E inserted (16.7.1998) by 1998 c. 30, ss. 30, 46(3)(with s. 42(8))
74 Payment of grants to be subject to conditions.S
(1)The Secretary of State may by regulations make provision that any payment which he is required or authorised to make by or under this Act, except section 76 of this Act, shall be subject to such conditions as may be prescribed in [F19or determined by him under] the regulations, and that education authorities and other persons to whom such payments have been made shall comply with such requirements as may be specified in [F20or determined by him under] the regulations.
(2)Where the Secretary of State is satisfied that the persons to whom any grant is payable under this Act are, by reason of the provisions of any trust deed or other instrument, unable to fulfil any condition or comply with any requirement imposed under this section, he may, after consultation with them, by order make such modifications of the said provisions as may be necessary for the purpose of enabling the said persons to fulfil that condition or comply with that requirement; and any such trust deed or other instrument shall, during such period as may be specified in the order, have effect subject to any modifications so made.
Textual Amendments
F19Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(17)(a)
F20Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(17)(b)
75 Examination of accounts.S
Save as may be otherwise prescribed, it shall be a condition of the payment by the Secretary of State of a grant to the managers of a school or other educational establishment not under the management of an education authority or to other persons providing educational services approved by the Secretary of State that the accounts of the income and expenditure of such managers or persons in respect of such school, educational establishment or service shall be set out according to a form prescribed by the Secretary of State and shall together with the relative vouchers and other documents be submitted for examination to the Secretary of State.
Modifications etc. (not altering text)
C3S. 75 excluded (29.4.1993) by S.I. 1993/974, reg. 4(7)
[F2175A Assisted places at grant-aided and independent schools.S
(1)For the purpose of enabling pupils who might otherwise not be able to do so to attend and receive education at grant-aided and independent schools, the Secretary of State shall establish and operate a scheme whereby—
(a)participating schools remit fees that would otherwise be chargeable in respect of pupils admitted to assisted places under the scheme; and
(b)the Secretary of State reimburses the schools for the fees that are remitted.
(2)In this section references to a participating school are references to any grant-aided or independent school providing secondary education which the Secretary of State determines to be a participating school for the purposes of the scheme; and in deciding whether to make such a determination in respect of any school the Secretary of State shall have regard to the desirability of securing an equitable distribution of assisted places throughout Scotland and between boys and girls.
(3)A determination under subsection (2) above—
(a)shall state the maximum annual amount allocated by the Secretary of State to the school under the scheme including the maximum annual amount so allocated for the purposes of section 75B of this Act; and
(b)may contain such conditions as the Secretary of State thinks fit in addition to those prescribed under subsection (9) below.
(4)The Secretary of State may alter the maximum annual amount referred to in subsection (3)(a) above by written notification to the school to which it is allocated.
(5)A participating school shall comply with any conditions contained in a determination under subsection (2) above and with any condition or obligation prescribed under subsection (9) below.
(6)Schedule 1A to this Act shall have effect with respect to the revocation of determinations.
(7)The fees in relation to which the scheme is to have effect shall be—
(a)tuition and other fees the payment of which is a condition of attendance at a participating school but excluding—
(i)boarding fees; and
(ii)such other charges, if any, as may be prescribed by regulations; and
(b)entrance fees for public examinations paid by a participating school in respect of candidates from the school.
(8)If the Secretary of State is of the opinion that any fee which falls to be remitted in whole or in part under a scheme established and operated under this section is excessive, he may substitute for such fee such other amount as he considers appropriate.
(9)The Secretary of State shall by regulations prescribe—
(a)the requirements as to age, residence or other matters which are to be the conditions of eligibility for an assisted place;
(b)the information which participating schools, on a written request from the parent of a pupil who is eligible for an assisted place, shall supply to that parent;
(c)the conditions subject to which, the extent to which, and the arrangements in accordance with which, fees are to be remitted by participating schools;
(d)the time and manner in which participating schools are to claim and receive reimbursements from the Secretary of State;
(e)conditions to be complied with by participating schools with respect to the admission of pupils to assisted places, the fees to be charged, the keeping and auditing of accounts and the furnishing of information to the Secretary of State; and
(f)such other matters as appear to him to be requisite for the purposes of the scheme.
(10)Regulations under subsection (9) above may authorise the Secretary of State to make provision for any purpose specified in the regulations.
(11)Before making regulations under subsection (9) above the Secretary of State shall consult such bodies as appear to him to be appropriate and to be representative of participating schools.
(12)Regulations made under subsection (9)(c) above shall be reviewed by the Secretary of State in consultation with such bodies as appear to him to be appropriate and to be representative of participating schools—
(a)not later than two years after the date on which the first such regulations are made; and
(b)thereafter at intervals not exceeding two years.
(13)Except where the context otherwise requires, references in this section and section 75B of this Act to a school include references to the proprietors and managers of the school; and references in this section to an independent school are references to an independent school which is—
(a)a registered school; and
(b)conducted only for charitable purposes within the meaning of section 122(1) of this Act.]
Textual Amendments
F21Ss. 75A, 75B inserted by Education (Scotland) Act 1981 (c. 58), s. 5(1)
75B Incidental expenses of and provision for pupils holding assisted places.S
(1)The Secretary of State may by regulations require or enable or make provision for requiring or enabling any school participating in the scheme referred to in section 75A of this Act to make grants in respect of such expenses, including such travelling expenses, and to remit such charges, as may be specified in the regulations and to make such provision of meals or other refreshment or of facilities for the consumption of meals or other refreshment and such provision of clothing as the school making the provision considers appropriate, being expenses, charges or provision in respect of matters incidental to or arising out of the attendance at the school of pupils holding assisted places under the scheme.
(2)Regulations made under this section may require or enable or make provision for requiring or enabling any school providing meals or other refreshment under subsection (1) above to make such charges as it thinks fit for any such meal or other refreshment except where it is provided by virtue of subsection (4) below.
(3)Regulations under this section shall provide that, within the maximum amount stated under section 75A(3) of this Act, any amounts granted or remitted by a school and expenditure incurred by them by or under the regulations shall be reimbursed to the school by the Secretary of State.
(4)The Secretary of State shall exercise his power to make regulations under this section so as to ensure that, in relation to any pupil whose parents are in receipt of supplementary benefit or family income supplement, such provision is made for that pupil in the middle of the day as appears to the school to be requisite.
(5)Regulations under this section may in particular prescribe—
(a)the conditions subject to which, the extent to which, and the arrangements in accordance with which, grants and remissions are to be made and meals, other refreshment, facilities for the consumption thereof and clothing are to be provided;
(b)whether a charge is to be remitted in whole or in such part as may be prescribed in the regulations;
(c)the time and manner in which schools are to claim and receive reimbursement from the Secretary of State.
(6)Regulations under this section may authorise the Secretary of State to make provision for any purpose specified in the regulations.
76 Industrial scholarships.S
(1)The Secretary of State may award industrial scholarships or make payments to any other person in respect of the award of such scholarships by that person.
(2)In this section “industrial scholarships” means scholarships (however described) tenable by persons undertaking full-time courses of higher education provided by a university, college or other institution in the United Kingdom, being courses which appears to the Secretary of State or, as the case may be, the person awarding the scholarships to be relevant to a career in industry.
(3)In subsection (2) above the reference to a full-time course includes a reference to a course consisting of alternate periods of—
(a)full-time study in the university, college or institution in question; and
(b)associated industrial, professional or commercial experience;
and the reference in that subsection to a course provided by a university, college or institution in the United Kingdom includes a reference to a course provided by such a university, college or institution in conjunction with a university, college or other institution in another country.
Grant-aided collegesS
F2277. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F22S. 77 repealed (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(3), Sch.10; S.I. 1992/817, art. 3(2), Sch.1
Appointment of director of educationS
78 Appointment of director of education.S
The education authority shall employ a director of education, who shall be the chief education officer of the authority and shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.
Local administrationS
79 Education authorities may receive and administer bequests.S
Every education authority shall be at liberty to accept any bequest or gift of property or funds for behoof of any school or other educational establishment under their management, whether generally or for the promotion of any particular branch or branches of education or instruction, or for increasing the income of any teacher, and it shall be the duty of the authority to administer such property, funds or money according to the wishes and intentions of the donors, and in such manner as to raise the standard of education and otherwise increase the educational efficiency of the school or other educational establishment intended to be benefitted.
80 Funds for behalf of public schools etc., to be transferred to education authorities.S
(1)Where property or money has been or shall be vested in any persons as trustees for behoof of a public school or other educational establishment under the management of an education authority, or for the promotion of any branch of education in such school or educational establishment, or to increase the income of any teacher therein, the free income of such property or money shall be accounted for and paid to the education authority, and shall be applied and administered by the education authority according to the trusts attaching thereto.
(2)It shall be lawful for the education authority, with the approval of the Secretary of State, to vary or depart from the said trusts, with a view to increasing the efficiency of the school or educational establishment by raising the standard of education therein or by other means.
81 Trust funds to be kept separate.S
The amount of every property or fund held by an education authority on a separate trust shall be kept separate.
82 Reports by education authorities.S
Every education authority shall make such reports and returns and give such information to the Secretary of State as he may from time to time require.
83 Returns by registrars of births, deaths, and marriages to education authorities.S
Every registrar of births, deaths, and marriages shall make to an education authority on a form to be provided by the authority such returns of particulars with regard to the births and deaths of children registered by him as may be required by the authority with the approval of the Registrar-General of Births, Deaths and Marriages in Scotland.
84 Certificates of birth.S
(1)Where the age of any person is required to be ascertained or proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar of births, deaths and marriages having the custody of the register of births containing the entry relating to the birth of that person shall, upon being presented by any person with a written requisition in such form and containing such particulars as may be prescribed and upon payment of a fee of [F23£5.00], supply that person with a copy of the entry certified under his hand.
(2)Every registrar shall, upon being requested so to do, supply free of charge a form of requisition for the purposes of this section.
Textual Amendments
F23S. 84(1): fee of £5.00 payable (in place of amount previously prescribed) (1.4.1992) by virtue of S.I. 1991/2818, art. 2,Sch. (which S.I. is revoked 1.4.1993) by S.I. 1992/3216, art. 3)
85 Presumption of age.S
Where in any proceedings under this Act the prosecutor alleges that any person whose age is material to the proceedings is under, of, or over, any age, then, unless the contrary is proved, the court may presume that person to be under, of, or over, the age alleged.
86 Admissibility of documents.S
In any legal proceedings any document purporting to be—
(a)a document issued by an education authority, and to be signed by the proper officer of that authority or by the director of education of that authority;
(b)an extract from the minutes of the proceedings of an education authority or of any committee or sub-committee thereof, and to be signed by the chairman of the authority or of the committee or sub-committee or by the officer having the custody of the minutes;
(c)a certificate giving particulars of the attendance of a pupil at a school F24, and to be signed by the head teacher of the school F24;
(d)a certificate issued by a medical officer of a Health Board, and to be signed by such officer;
(e)a certificate issued by an education authority that an attendance order has been made by the authority and a copy thereof served upon the parent of the child to whom the order relates, and to be signed by the proper officer of the authority or by the director of education; or
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
shall be received in evidence and shall, unless the contrary is proved, be deemed to be the document which it purports to be, and to have been signed by the person by whom it purports to have been signed, without proof of his identity, signature or official capacity, and any such extract or certificate as is mentioned in paragraph (b) (c) (d) [F26or (e)] above shall, in the absence of evidence to the contrary, be sufficient evidence of the matters therein stated.
Textual Amendments
F24Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11
F25S. 86(f) repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11
F26Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(18)