Education (Scotland) Act 1980

133 Regulations, etc. S

(1) Any power conferred by this Act on the Secretary of State to make regulations shall be exercisable by statutory instrument.

(2) [F1 Subject to subsections [F2 (2XA)] [F3 to (2C)] below,] any statutory instrument containing regulations made by the Secretary of State under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F4 (2XA) Subsection (2) does not apply to any regulations under section 2ZA(1), (4)(c) or (10), or under the definition of “learning hours” in section 2ZA(12); and such regulations are subject to the affirmative procedure.]

[F5 (2YA) Subsection (2) above shall not apply to any regulations under [F6 subsection (8) of section 53 that modify subsection (7) of that section as mentioned in subsection (8)(a)(iii) or (b) of that section, nor to any regulations under section 53ZA(1) or 54A(1)]; and such regulations shall be subject to the affirmative procedure.]

[F7 (2ZA) Subsection (2) shall not apply to the first regulations to be made under section 56A(1); and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the Scottish Parliament.]

F8 [(2A) Subsection (2) above shall not apply to the first regulations to be made under section 73(f) of this Act with respect to loans; and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(2B) Subsection (2) above shall not apply to any regulations under section 73(f) of this Act with respect to loans, other than the regulations mentioned in subsection (2A) above, where a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.]

[F9 (2BA) Subsection (2) above shall not apply to any regulations under—

(a) section 2 or 74(1) that make provision such as is mentioned in section 90A, or

(b) section 98DA(1);

and such regulations shall be subject to the affirmative procedure.]

[F10 (2C) Subsection (2) above shall not apply to any regulations under section 98A(6) of this Act defining “prescribed person”; and no such regulations shall be made unless—

(a) the Scottish Ministers have consulted such persons as they think fit on a draft of the statutory instrument containing the regulations; and

(b) such a draft has been laid before, and approved by resolution of, the Scottish Parliament.]

[F11 (2D) Regulations under section 98A(6) of this Act defining “prescribed person” may—

(a) make different provision for different purposes,

(b) make supplementary, incidental, consequential, transitional, transitory or saving provision,

(c) modify any enactment.

(2E) In subsection (2D), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]

(3) Any direction given by the Secretary of State or an education authority under the provisions of this Act may be varied or revoked by a further direction given by the Secretary of State or that authority, as the case may be:

Provided that where the power to give any such direction is exercisable only upon the application or with the consent of any person, or after consultation with or intimation to any person or is otherwise subject to any conditions, no direction given under such power shall be varied or revoked except upon the like application, with the like consent, after the like consultation or intimation or subject to the like conditions, as the case may be.

(4) If it appears to the Secretary of State, on an application in that behalf made to him—

(a) in relation to regulations made under section 2 or section 19(1) of this Act, by an education authority;

[F12 (aa) in relation to regulations made under section 2ZA(1), by an education authority or the managers of a grant-aided school;]

(b) in relation to regulations made under section 74(1) of this Act, by any education authority or other person to whom any grant is payable under this Act;

that it is unreasonable that any provision of those regulations should apply in relation to [F13 the authority, managers] or person or to such educational establishment under the management of [F13 the authority, managers] or person as may be specified in the application, or should so apply without modification, he may, subject to subsection (5) below, direct that the said provision shall not apply in relation to [F13 the authority, managers] or person or that educational establishment or, as the case may be, shall so apply subject to such modification as may be specified in the direction.

(5) A direction under subsection (4) above—

(a) may be given either unconditionally or subject to such conditions as may be specified in the direction;

(b) shall not be given in respect of any provision of any regulations which is described in those regulations as not being subject to the giving of a direction under this section;

(c) may be varied or revoked by a subsequent direction given by the Secretary of State either of his own accord or on the application of the education authority [F14 , managers] or other person on whose application the original direction was given.

Textual Amendments

F1 Words in s. 133(2) inserted (18.7.1998) by 1998 c. 30, s. 44(1), Sch. 3 para. 4(a) (with s. 42(8)); S.I. 1998/1729, art. 2.

F2 Word in s. 133(2) substituted (29.3.2023) by Education (Scotland) Act 2016 (asp 8), ss. 21(3)(a), 33(2); S.S.I. 2023/74, reg. 2

F3 Words in s. 133(2) substituted (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 1 para. 1(7)(a); S.S.I. 2005/570, art. 2(c) (with art. 3(2))

F4 S. 133(2XA) inserted (29.3.2023) by Education (Scotland) Act 2016 (asp 8), ss. 21(3)(b), 33(2); S.S.I. 2023/74, reg. 2

F5 S. 133(2YA) inserted (1.8.2014 for specified purposes, 5.1.2015 in so far as not already in force) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 2(5)(b); S.S.I. 2014/131, art. 2(2)(3), sch.; S.S.I. 2014/314, art. 2, sch.

F6 Words in s. 133(2YA) substituted (1.4.2018) by Education (Scotland) Act 2016 (asp 8), ss. 22(6), 33(2); S.S.I. 2018/36, reg. 2 (with reg. 3)

F7 S. 133(2ZA) inserted (12.5.2008) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 4(b), 11(2); S.S.I. 2008/171, art. 2(1)(b)

F8 S. 133(2A)(2B) inserted (18.7.1998) by 1998 c. 30, s. 44(1), Sch. 3 para. 4(b) (with s. 42(8)); S.I. 1998/1729, art. 2.

F9 S. 133(2BA) inserted (10.1.2018) by Education (Scotland) Act 2016 (asp 8), ss. 28(3), 33(2); S.S.I. 2017/354, reg. 2(b)

F10 S. 133(2C) inserted (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 1 para. 1(7)(b); S.S.I. 2005/570, art. 2(c) (with art. 3(2))

F11 S. 133(2D)(2E) inserted (1.1.2017) by Education (Scotland) Act 2016 (asp 8), ss. 26, 33(2); S.S.I. 2016/386, reg. 2, sch.

F12 S. 133(4)(aa) inserted (29.3.2023) by Education (Scotland) Act 2016 (asp 8), ss. 21(3)(c)(i), 33(2); S.S.I. 2023/74, reg. 2

F13 Words in s. 133(4) substituted (29.3.2023) by Education (Scotland) Act 2016 (asp 8), ss. 21(3)(c)(ii), 33(2); S.S.I. 2023/74, reg. 2

F14 Word in s. 133(5)(c) inserted (29.3.2023) by Education (Scotland) Act 2016 (asp 8), ss. 21(3)(d), 33(2); S.S.I. 2023/74, reg. 2