The Period Products in Schools (Scotland) Regulations 2020

Scottish Statutory Instruments

2020 No. 183

Education

The Period Products in Schools (Scotland) Regulations 2020

Made

18th June 2020

Laid before the Scottish Parliament

22nd June 2020

Coming into force

19th October 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2 and 74(1) of the Education (Scotland) Act 1980(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.  These Regulations may be cited as the Period Products in Schools (Scotland) Regulations 2020 and come into force on 19 October 2020.

2.  In these Regulations, “period products” means products the purpose of which is to absorb or collect menstrual flow and includes tampons, sanitary towels and products which are reusable.

Requirement to provide period products

3.  Education authorities are required to make period products available to pupils who need to use them who are—

(a) in attendance at a public school,

(b) accommodated at a hostel provided and maintained by them.

4.—(1) The condition set out in paragraph (2) is prescribed for the purpose of section 74(1) of the Education (Scotland) Act 1980 in respect of grant-aided schools.

(2) Managers of grant-aided schools are required to make period products available to pupils who need to use them who are in attendance at such schools.

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

18th June 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations place a duty on education authorities and managers of grant-aided schools relating to the provision of period products to pupils. Regulation 2 provides a definition of “period products”. Regulation 3 provides that education authorities are to make period products available to pupils who need to use them who are in attendance at public schools or accommodated in education authority hostels. Regulation 4 provides that, as a condition of grant made to grant-aided schools, the managers of such schools are to make period products available to pupils who need to use them who are in attendance at such schools.

(1)

1980 c.44. Section 2 was amended by section 69(1) of the Self-Governing Schools etc. (Scotland) Act 1989 (c.39) (“the 1989 Act”) and by section 36(2) and schedule 6 of the Education (Scotland) Act 1996 (c.43). Section 74 was amended by section 82(1) and paragraph 8(17) of schedule 10 of the 1989 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).