Coronavirus Act 2020

School boarding accommodation

10 (1) The Scottish Ministers may give a direction under this paragraph (a “boarding accommodation closure direction”) that applies to—

(a) the relevant manager of one or more named school boarding establishments in Scotland;

(b) the relevant managers of all school boarding establishments in Scotland (or any part of Scotland);

(c) the relevant managers of a particular description of school boarding establishment in Scotland (or any part of Scotland).

(2) A boarding accommodation closure direction is a direction that—

(a) requires a relevant manager of a school boarding establishment to take reasonable steps to restrict access to the establishment for a specified period, or

(b) provides for pupils for whom school boarding accommodation is provided to be confined in their school boarding accommodation for a specified period.

(3) A boarding accommodation closure direction may provide that any failure to comply with a duty or time limit imposed under any enactment or rule of law relating to education is to be disregarded to the extent that it would be attributable to the direction.

(4) A boarding accommodation closure direction may—

(a) require the taking of actions in general terms, or require the taking of particular actions, that the Scottish Ministers consider reasonable;

(b) make different provision for different purposes (for example, for different descriptions of people for whom school boarding accommodation is provided);

(c) prohibit access in respect of the whole or a specified part of premises in which school boarding accommodation is provided;

(d) prohibit access in respect of the carrying on of all activities or in respect of the carrying on of specified activities;

(e) be framed by reference to whatever matters the Scottish Ministers consider appropriate;

(f) make transitional, transitory or saving provision;

(g) make such other provision as the Scottish Ministers consider appropriate in connection with the giving of the direction.

(5) In this paragraph—

• “pupil” has the meaning given by section 135(1) of the 1980 Act;

• “relevant manager”, in relation to school boarding accommodation, means a person having responsibility for the management of the accommodation;

• “school boarding accommodation”, in relation to a pupil, means residential accommodation provided to the pupil by a school care accommodation service (within the meaning of paragraph 3 of schedule 12 of the Public Services Reform (Scotland) Act 2010 (asp 8));

• “school boarding establishment” means a place where school boarding accommodation is provided;

• “specified” means specified, or falling within a description specified, in a direction under this paragraph.