Education (Scotland) Act 1981

Placing in schools S

1 Duty of education authority to comply with parents’ requests as to schools. S

(1) After section 28 of the M1 Education (Scotland) Act 1980 (in this Act referred to as “the principal Act”) there shall be inserted the following sections—

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

(1) Where the parent of a child makes a written request to an education authority to place his child in the school specified in the request, being a school under their management, it shall be the duty of the authority, subject to subsections (2) and (3) below, to place the child accordingly.

Such a request so made is referred to in this Act as a “placing request” and the school specified in it is referred to in this Act as the “specified school”.

(2) Where a placing request relates to two or more schools under the management of the education authority to whom it was made, the duty imposed by subsection (1) above shall apply in relation to the first mentioned such school, which shall be treated for the purposes of this Act as the specified school.

(3) The duty imposed by subsection (1) above does not apply—

(a) if placing the child in the specified school would—

(i) make it necessary for the authority to take an additional teacher into employment;

(ii) give rise to significant expenditure on extending or otherwise altering the accommodation at or facilities provided in connection with the school;

(iii) be seriously detrimental to the continuity of the child’s education; or

(iv) be likely to be seriously detrimental to order and discipline in the school or the educational well-being of the pupils there;

(b) if the education normally provided at the specified school is not suited to the age, ability or aptitude of the child;

(c) if the education authority have already required the child to discontinue his attendance at the specified school;

(d) if, where the specified school is a special school, the child does not have special educational needs requiring the education or special facilities normally provided at that school; or

(e) if the specified school is a single sex school (within the meaning given to that expression by section 26 of the Sex Discrimination Act 1975) and the child is not of the sex admitted or taken (under that section) to be admitted to the school,

but an education authority may place a child in the specified school notwithstanding paragraphs (a) to (e) above.

(4) An education authority shall inform a parent in writing of their decision on his placing request and, where they decide to refuse it, shall give him written reasons for their decision and inform him of his right to refer it under section 28C of this Act to an appeal committee.

(5) The Secretary of State may, by regulations, make provision for deeming an education authority to have refused a placing request in the event of their not having informed the parent in writing of their decision on it in accordance with subsection (4) above within such period or before such date as may be prescribed in the regulations and different periods or dates may be so prescribed for different purposes.

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

(1) Every education authority shall—

(a) publish or otherwise make available information as to—

(i) their arrangements for the placing of children in schools under their management;

(ii) such matters as may be prescribed by regulations;

(iii) such other matters as the authority consider necessary or expedient for the purposes of their functions under this Act;

(b) where a child falls, in accordance with those arrangements, to be placed in a school under their management—

(i) in a case where the authority propose to place the child in a particular school, inform his parent of the school; and

(ii) in every case, subject to subsection (4) below, inform the parent of the general effect of section 28A (1) and (2) of this Act and of his right to make a placing request;

(c) in making arrangements for the performance of their functions under this Act, formulate guidelines to be followed by them as respects placing in schools generally or, if they think it necessary, in any particular school in the event of there being more placing requests made in respect of certain schools or, as the case may be, that school or in respect of any stage or stages of school education provided there than there are places available;

(d) on a request to that effect made to them at any time by a parent of a child, supply the parent with any prescribed or determined information about any school under their management.

In paragraph (d) above, “prescribed or determined information” means information prescribed or determined under subsection (3)(c) below.

(2) An education authority shall, in performing the duties imposed on them by subsection (1) above, comply with any regulations made under subsection (3) below.

(3) The Secretary of State may by regulations prescribe or make provision for the determining of—

(a) the procedure in accordance with which education authorities are to perform the duties imposed on them by subsection (1) above and when they are to do so;

(b) how education authorities are to go about publishing or otherwise making available information under subsection (1) above or informing parents under that subsection;

(c) the kind of information which is to be so published or which is to comprise the information so made available or supplied to parents.

(4) The duty imposed by subsection (1)(b)(ii) above arises only when the existence of the child and the fact that he falls to be placed in a school under their management are known to the education authority.

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

(1) Subject to subsections (2) and (3) below, a parent who has made a placing request may refer a decision of the education authority refusing his request to an appeal committee set up under section 28D of this Act.

(2) Subsection (1) above does not apply to a decision of an education authority in respect of the placing of a child in a nursery school or nursery class.

(3) Where a reference under this section has been made in respect of a child, no further such reference in respect of the child shall be competent during the period of 12 months beginning with the day on which the immediately preceding such reference was lodged.

(4) A reference under this section shall be lodged with the appeal committee within 28 days of the receipt by the parent of the decision of the education authority (which, if posted, shall, unless the contrary is proved, be presumed to have been received on the day after the date on which it was posted except that a decision posted on a Friday or Saturday shall, unless the contrary is proved, be presumed to have been received on the Monday next following), but the committee shall, on good cause being shown, have power to hear such a reference notwithstanding that it was not lodged within that time.

28D Appeal committees.

(1) Every education authority shall—

(a) set up and maintain such number of appeal committees; and

(b) make such other arrangements

as are necessary to enable references to be made under sections 28C, 28E(6), 28F(7), 28H and 63 of this Act and heard by the committees.

(2) An appeal committee set up under subsection (1) above shall be constituted in accordance with Schedule Al to this Act.

(3) The Secretary of State may by regulations make provision for procedure in relation to references under section 28C of this Act and regulations made under this subsection may include provision—

(a) requiring the education authority to make information relevant to their decision available to the committee and to the parent referring that decision to the committee;

(b) deeming, for the purposes of this Act, an appeal committee to have confirmed the decision of an education authority on a placing request in the event of the committee’s not having complied with section 28E(3) of this Act within such period or before such date as may be prescribed in the regulations and different periods or dates may be so prescribed for different purposes;

(c) ancillary to or consequential upon provision made under paragraphs (a) and (b) above.

28E Appeal committees: supplementary provisions.

(1) An appeal committee may, on a reference under section 28C of this Act, confirm the education authority’s decision if they are satisfied—

(a) that one or more of the grounds of refusal specified in section 28A(3) of this Act exists or exist; and

(b) that, in all the circumstances, it is appropriate to do so

but otherwise shall refuse to confirm the authority’s decision and shall, where they so refuse, require the education authority to place the child to whom the reference relates in the specified school.

(2) Where, in considering a reference under section 28C of this Act of a decision to refuse a placing request where the specified school is a special school, an appeal committee refuse to confirm the decision, they shall have power, if the education authority have decided not to record the child to whom the reference relates, to require the education authority to reconsider their decision not to record him.

(3) An appeal committee shall notify their decision under this section and the reasons for it in writing to the parent who made the reference and to the education authority and, where they confirm the authority’s decision, they shall inform the parent of his right of appeal to the sheriff under section 28F of this Act.

(4) Where, on a reference under section 28C of this Act, an appeal committee refuse to confirm an education authority’s decision, the authority shall give effect to the placing request to which the reference relates.

(5) Where a decision of an appeal committee under this section is inconsistent with any decision of the education authority refusing a placing request to place another child at the same time and at the same stage of education and in the same school as that at and in which the child to whom the appeal committee’s decision relates is to be placed, the education authority shall review their decision so to refuse and shall inform the parent of the other child in writing of their decision upon that review and the reasons for it.

(6) The decision of an education authority upon a review under subsection (5) above not to reverse their decision to refuse the placing request in respect of the other child may be referred to an appeal committee by the parent of the other child as if the decision upon the review were a decision refusing his placing request and the provisions of this Act relating to references of decisions upon placing requests and appeals therefrom (including those relating to appeal committees) shall apply accordingly.

(7) In paragraph 36 of Schedule 1 to the Tribunals and Inquiries Act 1971 (tribunals under direct supervision of the Scottish Committee of the Council on Tribunals) after “36” there shall be inserted “(a)” and at the end there shall be inserted—

(b) “appeal committees set up under section 28D of the Education (Scotland) Act 1980 (c. 44).”.

(8) In section 23 of the Local Government (Scotland) Act 1975 (authorities subject to investigation by Local Commissioner), at the end of subsection (2), there shall be inserted the following paragraph—

(f) “any appeal committee set up under section 28D of the Education (Scotland) Act 1980.”.

28F Appeal to sheriff from appeal committee.

(1) A parent who has made a reference under section 28C of this Act may appeal to the sheriff having jurisdiction where the specified school is situated against the decision of an appeal committee on that reference.

(2) The education authority may, but the appeal committee shall not, be a party to an appeal under this section.

(3) An appeal under this section—

(a) shall be made by way of summary application;

(b) shall be lodged with the sheriff clerk within 28 days from the date of receipt of the decision of the appeal committee (which, if posted, shall, unless the contrary is proved, be presumed to have been received on the day after the date on which it was posted, except that a decision posted on a Friday or Saturday shall, unless the contrary is proved, be presumed to have been received on the Monday next following); and

(c) shall be heard in chambers.

(4) On good cause being shown, the sheriff may hear an appeal under this section notwithstanding that it was not lodged within the time mentioned in subsection (3) above.

(5) The sheriff may on an appeal under this section confirm the education authority’s decision if he is satisfied—

(a) that one or more of the grounds of refusal specified in section 28A(3) of this Act exists or exist; and

(b) that, in all the circumstances, it is appropriate to do so

but shall otherwise refuse to confirm their decision and shall, where he so refuses, require the authority to give effect to the placing request to which the appeal relates.

(6) Where the judgment of the sheriff on an appeal under this section is inconsistent with any decision of the education authority (whether confirmed by the appeal committee or not) refusing a placing request to place another child at the same time and at the same stage of education and in the same school as that at and in which the child to whom the judgment relates is to be placed, the education authority shall review their decision so to refuse and shall inform the parent of the other child of their decision upon that review and the reasons for it.

(7) The decision of an education authority upon a review under subsection (6) above not to reverse their decision to refuse the placing request in respect of the other child may be referred to an appeal committee by the parent of the other child as if the decision upon the review were a decision refusing his placing request and the provisions of this Act relating to references of decisions upon placing requests and appeals therefrom (including those relating to appeal committees) shall apply accordingly.

(8) The sheriff may make such order as to the expenses of an appeal under this section as he thinks proper.

(9) The judgment of the sheriff on an appeal under this section shall be final.

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

—Sections 28A to 28F of this Act and Schedule Al to this Act shall apply in relation to a young person who is a pupil and in that application references in those sections to the parent of a child as well as references to the child himself shall be construed as references to the young person.

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

(1) Where an education authority decide to exclude a pupil from a school under their management which he attends, the parent of the pupil or, where the pupil is a young person, the pupil may refer the decision to an appeal committee set up under section 28D of this Act.

(2) An appeal committee may, on a reference under this section, confirm or annul the decision of the education authority excluding the pupil and, in confirming a decision of the authority to exclude a pupil until certain conditions stipulated by them are complied with, the committee may modify the conditions.

(3) The decision of an appeal committee on a reference under this section and the reasons for it shall be notified by the committee in writing to the parent or, as the case may be, the pupil making the reference and to the education authority.

(4) A decision of an appeal committee on a reference under this section annulling a decision of an education authority or modifying the conditions subject to which an education authority have excluded a pupil from a school shall be complied with by the authority.

(5) The Secretary of State may by regulations make provision for procedure in relation to references under this section and regulations made under this subsection may include provision—

(a) requiring the education authority to make information relevant to their decision available to the appeal committee and to the parent or, as the case may be, pupil referring that decision to the committee;

(b) deeming, for the purposes of this Act, an appeal committee to have confirmed the education authority’s decision to exclude a pupil from a school under their management which he attends in the event of the appeal committee’s not having complied with subsection (3) above within such period as may be prescribed in the regulations and different periods may be so prescribed for different purposes.

(6) The decision of an appeal committee confirming an education authority’s decision to exclude a pupil or modifying conditions under subsection (2) above may he appealed against by the parent of the pupil or, where the pupil is a young person, the pupil to the sheriff having jurisdiction where the school from which the pupil has been excluded is situated, and subsections (2), (3), (4), (8) and (9) of section 28F of this Act shall apply to an appeal under this subsection.

(7) The sheriff may, on an appeal under subsection (6) above, confirm or annul the decision of the education authority excluding the pupil and, in confirming a decision excluding the pupil until certain conditions stipulated by them are complied with, he may modify the conditions.”.

(2) Before Schedule 1 to the principal Act there shall be inserted the Schedule set out in Schedule 1 to this Act which shall form Schedule Al to that Act.

(3) In section 28 of the principal Act, subsection (2) (selection of courses of secondary education) shall cease to have effect.

(4) In section 135(1) of the principal Act (interpretation) there shall be inserted at the appropriate respective places in alphabetical order the following definitions—

• ““placing request” has the meaning assigned to it by section 28A(1) of this Act;” and

““specified school” has the meaning assigned to it by section 28A(1) and (2) of this Act;”.

Modifications etc. (not altering text)

C1 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M1 1980 c. 44.

2 Provisions supplementary to section 1. S

(1) In section 42 of the principal Act (reasonable excuses for non-attendance at school)—

(a) in subsection (1), after the word “shall” there shall be inserted the words “,subject to subsection (1A) below,”; and

(b) after subsection (1) there shall be inserted the following subsection—

“(1A) Subsection (1) above shall not apply in a case where—

(a) the education authority have, in accordance with their arrangements as published or otherwise made available under section 28B(1)(a) of this Act, proposed to place the child in a particular school or in one of a number of schools named by them and, where the particular or named school is more than walking distance from the pupil’s home measured by the nearest available route, they have offered to make for him suitable arrangements of the kind referred to in section 50 or 51 of this Act under which he would not require to walk more than walking distance, so measured, in the course of any journey between his home and the school; but

(b) in consequence of a placing request, the child has been placed by them in a school other than a school referred to in paragraph (a) above,

and in such a case, for the purposes of sections 35, 36,37, 41 and 44 of this Act, there shall be deemed to be a reasonable excuse if—

(i) the child has been prevented by sickness from attending school or receiving education as the case may be; or

(ii) there are other circumstances which in the opinion of the education authority or the court afford a reasonable excuse.”.

(2) In section 50 of the principal Act (education of pupils in exceptional circumstances)—

(a) in subsection (1), after the word “authority”, where secondly occurring, there shall be inserted the words “, in a case where subsection (3) applies, may and, in any other case, subject to subsection (4) below,”; and

(b) after subsections (2) there shall be inserted the following subsections—

“(3) This subsection applies where—

(a) the education authority have, in accordance with their arrangements as published or otherwise made available under section 28B(1)(a) of this Act, proposed to place the pupil in a particular school or in one of a number of schools named by them and have, in connection with that proposal, made or offered to make for the pupil suitable arrangements of the kind referred to in subsection (2) above; but

(b) in consequence of a placing request, the pupil has been placed by them in a school other than a school referred to in paragraph (a) above.

(4) The duty imposed by subsection (1)(a) or (b) above does not apply where the pupil belongs (in accordance with section 23(3) of this Act) to the area of some other education authority or of a local education authority in England and Wales.”.

(3) In section 51 of the principal Act (provision for transport of pupils and other facilities)—

(a) in subsection (1), after the word “authority”, where it first occurs, there shall be inserted the words “, in a case to which subsection (2A) below applies, may and, in any other case, subject to subsection (2B) below”; and

(b) after subsection (2) there shall be inserted the following subsections—

“(2A) This subsection applies where—

(a) the education authority have, in accordance with their arrangements as published or otherwise made available under section 28B(1)(a) of this Act, proposed to place the pupil in a particular school of in one of a number of schools named by them and, where the particular or named school is more than walking distance from the pupil’s home measured by the nearest available route, they have offered to make for him suitable arrangements of the kind referred to in subsection (1) above under which he would not require to walk more than walking distance, so measured, in the course of any journey between his home and the school; but

(b) in consequence of a placing request, the pupil has been placed by them in a school other than a school referred to in paragraph (a) above.

In this subsection “walking distance” has the same meaning as in section 42 of this Act.

(2B) The duty imposed by subsection (1) above does not apply where the pupil belongs (in accordance with section 23(3) of this Act) to the area of some other education authority or of a local education authority in England and Wales.”.

Modifications etc. (not altering text)

C2 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Special educational needs S

3 Special educational needs. S

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The enactments in Part I of Schedule 2 to this Act shall have effect subject to the amendments specified there.

Textual Amendments

F1 S. 3(1) repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), Sch. 3 para. 4(a); S.S.I. 2005/564, art. 2

Modifications etc. (not altering text)

C3 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

4 Children and young persons with certain special educational needs. S

F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The enactments specified in Part II of Schedule 2 to this Act shall have effect subject to the amendments specified there.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 4(1) repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), Sch. 3 para. 4(b); S.S.I. 2005/564, art. 2

F3 S. 4(3) repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), Sch. 3 para. 4(b); S.S.I. 2005/564, art. 2

Modifications etc. (not altering text)

C4 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Assisted places scheme S

5 Assisted places at grant-aided and independent schools. S

(1) After section 75 of the principal Act there shall be inserted the following sections—

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

(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.

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

(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 thirks 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.”.

(2) In section 135(1) of the principal Act in the definition of “grant-aided school”—

(a) after the word “than” there shall be inserted “(a)”; and

(b) after the word “Regulations,” there shall be inserted the words “and (b) sums paid under a scheme under section 75A of this Act, or by virtue of section 75B of this Act,”.

(3) After Schedule 1 to the principal Act there shall be inserted the Schedule set out in Schedule 4 to this Act which shall form Schedule 1A to that Act.

Modifications etc. (not altering text)

C5 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Miscellaneous S

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

After Section 22 of the principal Act there shall be inserted the following sections—

“ Consultation on, and consent for, changes in certain educational matters S

22A Consultation on certain changes in educational matters.

(1) Where an education authority make a proposal of a prescribed kind, they shall, in such manner as may be prescribed, publish it or otherwise make it available and consult such persons as may be prescribed and shall not reach a decision on it without having regard to any representations made to them on it by those persons.

(2) In this section “prescribed” means prescribed for the purposes of this section by the Secretary of State by regulations and in so prescribing kinds of proposals the Secretary of State shall include proposals to discontinue or change the site of any school under the management of an education authority.

22B Consent for certain changes in educational matters.

(1) An education authority shall submit to the Secretary of State for his consent any proposal of theirs of a prescribed kind and shall not implement such a proposal without his consent.

(2) In this section “prescribed” means prescribed for the purposes of this section by the Secretary of State by regulations and the Secretary of State may prescribe different kinds of proposals in relation to different education authorities.

22C Consent for certain changes affecting denominational schools.

(1) An education authority shall submit to the Secretary of State for his consent any proposal of theirs to which this section applies and shall not implement such a proposal without his consent.

(2) A proposal to which this section applies is one which—

(a) relates to a school transferred to an education authority under section 16(1) or provided by them under section 17(2) of this Act; and

(b) will, if implemented, have the effect that all or some of the pupils who attend the school will no longer receive school education in a school of the kind referred to in paragraph (a) above or that all or some of the children who would, but for the implementation of the proposal, have been likely to attend it will not be likely to receive such education in a school of that kind.

(3) The Secretary of State shall not grant consent under this section unless he is satisfied that adequate arrangements have been made for the religious instruction of pupils and children who would, as a result of implementation of the proposal, no longer receive or be likely to receive school education in a school of the kind referred to in paragraph (a) of subsection (2) above.

(4) In granting consent under this section the Secretary of State may impose such conditions as he thinks fit with regard to the religious instruction of the pupils and children referred to in paragraph (b) of subsection (2) above and to related matters and conditions imposed by the Secretary of State under this section may be revoked or amended by him at any time.

(5) Any question which may arise—

(a) whether a proposal is one to which this section applies;

(b) as to the implementation of a proposal to which the Secretary of State has consented under this section;

(c) as to the fulfilment or observation of any conditions upon his consent imposed under subsection (4) above

shall be determined by the Secretary of State and the education authority shall perform their duties under this Act in accordance with any such determination.

(6) In this section, the reference to section 16(1) or 17(2) of this Act shall include a reference to the corresponding provision of the Act of 1918, the Act of 1946 and the Act of 1962.

22D Further provisions relating to denominational schools.

(1) An education authority shall submit to the Secretary of State for his consent any proposal of theirs to which this section applies and shall not implement such a proposal without his consent.

(2) A proposal to which this section applies is one—

(a) which relates to a school transferred to the education authority under section 16(1) or provided by them under section 17(2) of this Act;

(b) to—

(i) discontinue the school or a part of it;

(ii) amalgamate the school or a part of it with another school;

(iii) change the site of the school;

(iv) change the arrangements for admission to the school; or

(v) disapply to the school the conditions prescribed in subsections (1) to (4) of section 21 of this Act or in the said subsections so far as applicable and having effect by virtue of subsection (5) of that section; and

(c) in relation to which the Secretary of State, having consulted the education authority, is satisfied, upon written representations made, in the case of any church or denominational body in whose interest the school is conducted other than the Roman Catholic Church, by a person authorised for that purpose by that church or denominational body and, in the case of the Roman Catholic Church, by the Scottish Hierarchy of that Church, that—

(i) if implemented, it will have the result specified in subsection (3) below; and

(ii) the education authority and the church, denominational body or Hierarchy, as the case may be, have, after discussion, failed to reach agreement that it should be implemented.

(3) The result referred to in subsection (2)(c)(i) above is a significant deterioration in the position, as regards either of the matters specified in subsection (4) below, of schools of the kind referred to in subsection (2)(a) above compared with that of other schools managed by the education authority.

(4) The matters referred to in subsection (3) above are the distribution and provision of school education (including the provision of accommodation).

(5) The Secretary of State shall not grant consent under this section in relation to a school unless he is satisfied that adequate arrangements have been made for the religious instruction of the children who will no longer receive or be likely to receive school education in a school of the kind referred to in subsection (2)(a) above.

(6) In granting consent under this section in relation to a school the Secretary of State may impose such conditions as he thinks fit with regard to the religious instruction of the children who will no longer receive or be likely to receive school education in a school of the kind referred to in subsection (2)(a) above and to related matters and, in doing so, he shall have regard to the duties imposed by section 21 of this Act on education authorities in relation to schools of that kind, and conditions imposed by the Secretary of State under this section may be revoked or amended by him at any time.

(7) Any question which may arise—

(a) whether a proposal is one to which this section applies;

(b) as to the implementation of a proposal to which the Secretary of State has consented under this section;

(c) as to the fulfilment or observation of any conditions upon his consent imposed under subsection (6) above

shall be determined by the Secretary of State and the education authority shall perform their duties under this Act in accordance with any such determination.

(8) In this section the reference to section 16(1) or 17(2) of this Act shall include a reference to the corresponding provision of the Act of 1918, the Act of 1946 and the Act of 1962.”.

Modifications etc. (not altering text)

C6 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

7 Removal of certain controls in connection with denominational schools. S

(1) For subsection (2) of section 17 of the principal Act (power of education authority to provide new denominational school when Secretary of State is satisfied that one is required) there shall be substituted the following subsection—

“(2) In any case where an education authority are satisfied, whether upon representations made to them by any church or denominational body acting on behalf of the parents of children belonging to such church or body or otherwise, that a new school is required for the accommodation of children whose parents are resident within the area of the authority, regard being had to the religious belief of such parents, it shall be lawful for the education authority to provide a new school.”.

(2) In section 22 of that Act—

(a) in subsection (4) (power to discontinue denominational school or to make it a non-denominational school)—

(i) the words from “the authority” to “signifies” shall cease to have effect; and

(ii) after the word “shall” there shall be inserted the words “subject to sections 22A, 22B, 22C and 22D of this Act”; and

(b) in proviso (ii) to that subsection—

(i) for the words “Secretary of State”, where first occurring, there shall be substituted the word “authority”;

(ii) the words from “if”, where secondly occurring, to “signifies” shall be omitted; and

(iii) after the word “shall” there shall be substituted the words “subject to sections 22A, 22B, 22C and 22D of this Act”.

Modifications etc. (not altering text)

C7 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

8 Restriction and abolition of educational schemes. S

(1) In section 7 of the principal Act (provision of educational facilities to be in accordance with schemes) subsections (1) to (3) and (8) shall cease to apply in relation to school education and, accordingly—

(a) in that section—

(i) after subsection (1)(b), there shall be inserted the following paragraph—

“(bb) school education;”;

(ii) subsection (1)(c) shall cease to have effect;

(iii) in subsection (2), for the words “their powers and duties under the foregoing provisions of this Act” there shall be substituted the words “those of their functions which fall under subsection (1) above to be performed in accordance with schemes”;

(iv) in subsection (4), for the words “any scheme for” there shall be substituted the words “their functions under the foregoing provisions of this Act in relation to”;

(v) in subsection (6), for the words “In the preparation of any scheme for” there shall be substituted the words “In the performance of their functions under the foregoing provisions of this Act in relation to”;

(vi) in subsection (8), the words “school or” shall cease to have effect; and

(b) in section 17 of that Act—

(i) in subsection (1), after the word “authority” there shall be inserted the words “, in the performance of their functions under sectins 1 to 6 of this Act,”; the words from “in accordance” to “the area” shall cease to have effect; and for the words from “carry” to the end there shall be substituted the words “perform their said functions”;

(ii) in subsection (3), for the words from “carry” to the end there shall be substituted the words “enable them to perform their functions under sections 1 to 6 of this Act.”.

(2) Section 29 of the principal Act (transfer schemes) shall cease to have effect.

(3) Notwithstanding subsections (1) and (2) above, any provision of any scheme made under section 7 of the principal Act in relation to school education or under section 29 of that Act and approved by the Secretary of State under section 69 of that Act shall, to the extent that it relates to a matter in respect of which arrangements may be made by the authority in the exercise of their functions under that Act, continue to have effect as if it had been made as part of those arrangements.

Modifications etc. (not altering text)

C8 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

9 Registration of independent schools: former grant-aided schools. S

In section 98 of the principal Act (registration of independent schools)—

(a) in subsection (1)—

(i) the word “and” at the end of paragraph (a) shall be omitted;

(ii) at the end of paragraph (b) there shall be inserted— “and

(c) where a school has ceased to be a grant-aided school, such of the particulars prescribed by regulations made under this section as the Secretary of State may direct:”;

(iii) the word “and”at the end of proviso (i) shall be omitted;

(iv) at the beginning of proviso (ii) there shall be inserted the words “Subject to subsection (1A) below,”; and

(b) after subsection (1) there shall be inserted the following subsection—

“(1A) Proviso (ii) to subsection (1) above shall not apply to the registration of any school referred to in paragraph (c) of that subsection unless the Registrar gives notice in writing to the proprietor of the school that the said proviso applies to that registration.”.

Modifications etc. (not altering text)

C9 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

10 Registration of independent schools: offences. S

After subsection (2) of section 98 of the principal Act (offences relating to registration of independent schools) there shall be inserted the following subsection—

“(2A) A person shall not be guilty of an offence under subsection (2)(a) above by reason of conducting a school at any time within the period of one month from the date on which it was first conducted (whether by that person or another) if an application for the registration of that school has been duly made within that period.”.

Modifications etc. (not altering text)

C10 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

11 Constitution of Independent Schools Tribunals. S

In Schedule 2 to the principal Act (constitution of independent schools tribunals)—

(a) paragraphs 1 and 3 shall cease to have effect;

(b) in paragraph 2 for the words “the educational panel” there shall be substituted the words “an Independent Schools Tribunal by the Secretary of State under paragraph 4 below”; and

(c) in paragraph 4 the words “from the educational panel” and the words from “of whom” to the end of the paragraph shall cease to have effect.

Modifications etc. (not altering text)

C11 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

12 Education in social work establishments. S

After section 14 of the principal Act there shall be inserted the following section—

“14A Education in social work establishments.

(1) An education authority may, in accordance with this section, provide for their area school education in any establishment provided by a local authority under section 59(1) or (2) of the Social Work (Scotland) Act 1968 which is provided wholly or mainly for children under school age (other than any establishment whose provision is secured by them under paragraph (c) of the said section 59(2)).

(2) The provision of school education referred to in subsection (1) above shall consist of the making available by the education authority, in accordance with arrangements made by them in that behalf with the local authority providing the establishment, of the services of any teacher who is employed by them.

(3) Arrangements under subsection (2) above may make provision for—

(a) the supply of equipment for use in connection with the provision of school education made available under the arrangements;

(b) any supplementary or incidental matters connected with the arrangements.

(4) A teacher whose services are made available by an education authority in pursuance of arrangements under subsection (2) above shall, during the period in which his services are made available, be deemed to be in a post in a primary department of a school under the management of the education authority.”.

Modifications etc. (not altering text)

C12 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

13 Provision relating to Examination Board. S

(1) Section 129 of the principal Act (establishment of Board to conduct examinations, etc) shall be amended in accordance with this section.

(2) In subsection (2) of the said section 129, for the words “to give to the Board” there shall be substituted the words “,after consultation with the Board, to give to them”.

(3) In subsection (3) of the said section 129—

(a) after the word “authorities” there shall be inserted the words “institutions of further education,”;

(b) the words “governing bodies of”, in both places where they occur, shall be omitted;

(c) after the words “directors of education” there shall be inserted the words “, educational advisers,”;

(d) the word “and”, where secondly occurring, shall be omitted; and

(e) there shall be inserted at the end the words “and grant-aided and independent schools.”.

(4) In subsection (4) of the said section 129—

(a) after paragraph (b) there shall be inserted the following paragraph—

“(bb) make provision with respect to the determination by the Board of charges in respect of presentations for examinations conducted by them, being presentations by education authorities, the managers of educational establishments not under the management of education authorities or such other presenting authorities as may be recognised by the Board for the purpose of presentation of candidates for examination, the payment by those authorities, managers and others to the Board of such charges and the application towards meeting the Board’s expenses of sums received by them in respect of such charges;”;

(b) in paragraph (c) there shall be inserted at the end the words “, for requiring the Board to ensure that adequate financial provision is made by them for such purposes as may be specified in a direction made by the Secretary of State after consultation with the Board, for requiring the submission by the Board of estimates of their income and expenditure to such body as the Secretary of State may determine (and notify to the Board) as appearing to him to be representative of local authority interests and for enabling that body to approve these estimates and for requiring the Board to obtain the prior approval of the Secretary of State to the incurring of expenditure by them in respect of the acquisition of land”; and

(c) paragraph (e) shall be omitted.

(5) After subsection (4) of the said section 129 there shall be inserted the following subsections—

“(4A) The Board may appoint such officers, servants and agents as the Board may determine and they shall be appointed at such remuneration and on such other terms and conditions as the Board may, with the prior approval of such body as may have been determined by the Secretary of State for the purposes of subsection (4)(c) above, determine.

(4B) The Board may pay such pensions, allowances or gratuities as they may determine to or in respect of any of their officers and servants, make such payments as they may determine towards the provision of pensions, allowances or gratuities to or in respect of any of their officers and servants or provide and maintain such schemes as they may determine (whether eontributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of their officers and servants.

A determination for the purposes of this subsection is ineffective unless made with the approval of the Secretary of State.

(4C) The reference in subsection (4B) above to pensions, allowances or gratuities to or in respect of the Board’s officers and servants includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Board’s officers and servants who suffer loss of office or employment.”

(6) Subsection (5) of the said section 129 shall cease to have effect.

(7) Subsection (6) of the said section 129 shall, until its repeal under subsection (8) below, have effect and shall be deemed always to have had effect as if at the end there were inserted the words “and he may make these grants subject to such conditions as he thinks fit and may, with the consent of the Board, vary any condition of a grant made by him under this section or, if he thinks fit, revoke it.”.

(8) Subsection (6) of the said section 129 shall cease to have effect.

Modifications etc. (not altering text)

C13 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

F4 14 Remuneration of teaching staff. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 14 repealed (31.12.2004) by Standards in Scotland’s Schools etc. Act 2000 (asp 6), Sch. 3; S.S.I. 2004/528, art. 2(b)

15 Educational endowments. S

Schedule 6 to this Act (which contains amendments of the principal Act relating to educational endowments) shall have effect.

Modifications etc. (not altering text)

C14 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

16 Inspection of religious instruction. S

Subsection (2) of section 66 of the principal Act (exclusion of religious instruction from inspection under section 66(1)) shall cease to have effect.

Modifications etc. (not altering text)

C15 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

F5 17 Extension of power to make conditions as to qualifications for admission to teacher training courses and for recommendations for registration. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 17 repealed (2.4.2012) by The Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215), art. 2, Sch. 7

18 Transfer to University Courts of certain Universities of power to appoint Principals. S

(1) The power of appointing the Principal of each of the Universities of St. Andrews, Glasgow and Aberdeen shall be transferred from Her Majesty to the respective University Courts of those Universities.

(2) In Part III of Schedule 2 to the Universities (Scotland) Act 1966 (powers of University Court exercisable in accordance with procedure prescribed by those Courts) there shall be inserted, after paragraph 3, the following paragraph—

“3A The power of appointing the principals of the Universities of St. Andrews, Glasgow and Aberdeen.”.

(3) Nothing in this section affects any appointment made before this section has come into force.

Modifications etc. (not altering text)

C16 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

19 Expenses. S

There shall be defrayed out of moneys provided by Parliament—

(a) any expenses incurred by the Secretary of State under this Act; and

(b) any increase attributable to this Act in the sums payable out of such moneys under any other Act.

20 Meaning of “principal Act”. S

In this Act, “the principal Act” means the M2 Education (Scotland) Act 1980.

Marginal Citations

M2 1980 c. 44.

21 Amendment of enactments, transitional provisions and repeals. S

(1) The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments there specified being minor amendments and amendments consequential upon the provisions of this Act.

(2) The transitional provisions set out in Schedule 8 to this Act shall have effect.

(3) The enactments specified in Schedule 9 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Modifications etc. (not altering text)

C17 The text of ss. 1–7, 8(1)(2), 9–17, 18(2), 21(1)(3), Schs. 1–7, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

22 Short title, commencement and extent. S

(1) This Act may be cited as the Education (Scotland) Act 1981.

(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be so appointed for different provisions and for different purposes.

(3) An order under subsection (2) above may contain such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force.

(4) This Act applies to Scotland only.

Modifications etc. (not altering text)

C18 Power of appointment conferred by s. 22(2) fully exercised: S.I. 1981/557; 1982/951, 1737; 1983/371