Education (Scotland) Act 1980
1980 c. 44
An Act to consolidate certain enactments relating to education in Scotland with amendments to give effect to recommendations of the Scottish Law Commission.
Part I Provision of Education by Education Authorities
School education and further education
C21 Duty of education authorities to secure provision of education.
1
F31A
The duty imposed on education authorities by subsection (1) above shall, in relation to children who are under school age, be exercisable only as respects children of such description or descriptions as may be prescribed by order.
1B
Where an order is made under subsection (1A) above, the amount of school education with which children of a description prescribed in that order are to be provided shall also be prescribed in the order.
1C
An education authority shall have power in relation to pre-school children to secure for their area the provision of such school education, other than that which they are required by subsection (1) above to secure, as they think fit.
F42
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52A
The duty imposed on an education authority by subsection (1) above shall not include the provision of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992, but an education authority shall have power to provide such further education for their area.
3
Every education authority F6shall for the purposes of their duty under subsection (1) above—
a
have power to secure for their area, and
b
F7. . . be under a duty to secure for pupils in attendance at schools in their area,
the provision of adequate facilities for social, cultural and recreative activities and for physical education and training.
4
The facilities for further education that may be provided by an education authority shall include facilities for vocational and industrial training.
F84A
The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
4B
In this section “pre-school children” means—
a
children who are under school age and have not commenced attendance at a primary school (other than a nursery class in such a school); and
b
children who have attained school age but have not commenced attendance at such a school.
5
In this Act—
a
“school education” means progressive education appropriate to the requirements of pupils F9. . ., regard being had to the age, ability and aptitude of such pupils, and includes—
i
activities in schools and classes (F504such schools and classes being in this Act called “nursery schools” and “nursery classes”), being activities of a kind suitable in the ordinary case for pupils who are under school age;
F407ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii
the teaching of Gaelic in Gaelic-speaking areas;
b
further education includes—
i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
ii
voluntary part-time and full-time courses of instruction for persons over school age;
iii
iv
the teaching of Gaelic in Gaelic-speaking areas;
F408c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F409d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Secretary of State may prescribe standards, etc., for education authorities.
The Secretary of State may make regulations prescribing the standards and F12. . . requirements to which every education authority shall conform in discharging their functions under section 1 of this Act F13and without prejudice to the generality of the foregoing, such regulations may include provision as to the testing of pupils in primary schools.
2AF14 Assessment of secondary school pupils.
1
The Secretary of State may by regulations make provision for the testing and assessment of pupils undertaking the first or second year of secondary education in public F369... schools.
2
It shall be the duty of an education authority F370... to comply with the provisions of regulations made in pursuance of subsection (1) above.
3
Regulations made in pursuance of subsection (1) above may make different provision as to different cases or circumstances.
3 Fees not to be charged in public schools, etc: exceptions.
1
Subject to the provisions of subsections (2) to (5) below, school education F15. . . provided by an education authority shall be provided without payment of fees.
2
An education authority shall have power to charge fees for school education in some or all of the classes in a limited number of schools under their management.
3
An education authority may award to any pupil in a class in which fees are charged by virtue of subsection (2) above a scholarship, by way of remission in whole or in part of the fee, in any case where, having regard to the pupil’s ability and aptitude, it appears to the authority proper to do so; but such a pupil shall not be regarded for the purposes of section 11(1)(a) of this Act (provision of free books, etc.) as receiving free education.
4
An education authority shall not exercise the power conferred by subsection (2) above except where it may be exercised without prejudice to the adequate provision of free school education for their area whether—
a
at schools under their management, or
b
at other schools by virtue of arrangements made by them with the managers of those schools or, in the case of schools under the management of another education authority, with that authority.
5
Where an education authority are providing school education for an outwith-area pupil in a school under their management—
a
in classes in which fees are charged under the provisions of subsection (2) above, the education authority may charge in respect of that pupil, in addition to the fee charged by virtue of that subsection, such extra fee as they think proper,
b
in classes in which no fees are charged, the education authority may charge in respect of that pupil such fee as they think proper.
In this subsection “outwith-area pupil” means, in relation to any education authority, a pupil who is not deemed to belong for the purposes of section 23 of this Act to the area of that authority.
6
An education authority shall have power to make charges in respect of the use of some or all of—
a
any facilities for F16. . . further education provided by them,
b
any facilities provided by them under section 1(3) of this Act.
F177
This section does not apply as respects the provision of school education by virtue of subsections (1) and (1A), or as the case may be subsection (1C), of section 1 of this Act.
4 Duty of education authorities to provide child guidance service.
It shall be the duty of every education authority to provide for their area F18 [F19. . .] psychological serviceF410..., and the functions of that service shall include— F20
a
the study of children F411having additional support needs;]
b
the giving of advice to parents and teachers as to appropriate methods of education. . . F21 for such children;
c
d
the giving of advice to a local authority within the meaning of the M1Social Work (Scotland) Act 1968 regarding the assessment of the needs of any child for the purposes of any of the provisions of that or any other enactment.
F245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Social activities, physical education, etc.
1
For the purpose of securing F25, under section 1(3) of this Act, the provision of facilities for social, cultural and recreative activities and physical education and training, an education authority may—
a
establish, maintain and manage—
i
camps, outdoor centres, playing fields and swimming pools;
ii
play areas and centres;
iii
sports halls, centres and clubs;
iv
youth, community and cultural centres and clubs,
and other places at which any such facilities as aforesaid are available;
b
organise holiday classes, games, expeditions and other activities.
2
In the exercise of their powers under subsection (1) above an education authority—
F260
may assist any body whose objects include;
F27b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the provision or promotion of social, cultural and recreative activities and physical education and training or the facilities for such activities, education and training.
F283
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Provision of educational facilities to be in accordance with schemes.
F291
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F292
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F293
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In considering and determining for the purposes of F30their functions under the foregoing provisions of this Act in relation to the provision of school education what amount of public school accommodation or additional public school accommodation is required for their area, an education authority shall have regard to and take into account every school, whether public or not, and whether situated in the area or not, which, in their opinion, gives, or will when completed give, efficient school education, and is, or will when completed be, suitable and available for the education of the pupils in their area.
5
An education authority shall for the purposes of subsection (4) above have power to call upon all head teachers and managers of schools other than public schools for such information and for access to and delivery of all such documents as shall to the education authority appear to be necessary to enable them to discharge their duties under this Act, and an education authority may from time to time appoint fit and proper persons to procure such information and to inspect such documents.
6
F31In the performance of their functions under the foregoing provisions of this Act in relation to the provision of school education, an education authority shall, in particular, have regard to the expediency of securing the provision of boarding accommodation, either in boarding schools or in hostels, for pupils for whom education as boarders is considered by their parents and by the authority to be desirable.
F327
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F328
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Religious instruction.
1
Whereas it has been the custom in the public schools of Scotland for religious observance to be practised and for instruction in religion to be given to pupils whose parents did not object to such observance or instruction, but with liberty to parents, without forfeiting any of the other advantages of the schools, to elect that their children should not take part in such observance or receive such instruction, be it enacted that education authorities F371... shall be at liberty to continue the said custom, subject to the provisions of section 9 of this Act.
2
It shall not be lawful for an education authority F371... to discontinue religious observance or the provision of instruction in religion in terms of subsection (1) above, unless and until a resolution in favour of such discontinuance duly passed by the authority has been submitted to a poll of the local government electors for the education area taken for the purpose, and has been approved by a majority of electors voting thereat.
3
A poll under subsection (2) above shall be by ballot and shall be taken in accordance with rules to be made by the Secretary of State, which rules may apply with any necessary modifications any enactments relating to parliamentary or local government elections.
9 Conscience clause.
Every public school F372and every grant-aided school shall be open to pupils of all denominations, and any pupil may be withdrawn by his parents from any instruction in religious subjects and from any religious observance in any such school; and no pupil shall in any such school be placed at any disadvantage with respect to the secular instruction given therein by reason of the denomination to which such pupil or his parents belong, or by reason of his being withdrawn from any instruction in religious subjects.
10 Safeguards for religious beliefs.
Where the parent of any pupil who is a boarder at any public school F33. . . or other educational establishment under the management of an education authority F365... requests that the pupil be permitted to attend worship in accordance with the tenets of a particular religious denomination on Sundays or other days exclusively set apart for religious observance by the religious body to which his parent belongs, or to receive religious instruction or to practise religious observance in accordance with such tenets outside the working hours F366of the school or other educational establishment, the education authority shall make arrangements for affording to the pupil reasonable opportunities for so doing, and such arrangements may provide for affording facilities for such worship, instruction or observance on the premises of the school F33. . . F367or other educational establishment, so however that such arrangements shall not entail expenditure by the education authority F368....
11 Provision of books, materials and special clothing free of charge.
1
An education authority shall provide free of charge for all pupils belonging to their area who are given free education—
a
at schools. . . F34 under their management, or
b
at other schools by virtue of arrangements made by them with the managers of those schools or, in the case of schools under the management of another education authority, with that authority,
books, writing materials, stationery, mathematical instruments, practice material and other articles which are necessary to enable the pupils to take full advantage of the education provided; and the authority may make similar provision, with or without charge, for other pupils resident in their area and attending any school or other educational establishment.
2
An education authority may provide—
a
b
for persons who make use of facilities for physical education or training provided by the authority under section 1(3) of this Act, articles of clothing suitable for such physical education or training.
12 Library service.
1
An education authority may, as an ancillary means of promoting education, provide, by purchase or otherwise, such books and other printed matter, pictures, gramophone records, tape recordings, films and other materials as they may think desirable, for pupils attending schools,. . . F36 or other educational establishments in their area.
2
For the purposes of this section, an education authority may—
a
make such arrangements as they consider necessary for the management of a library service provided by them including the accommodation and distribution of books and other materials, and
b
enter into arrangements with the managers of public libraries.
13 Provision of hotels.
An education authority may provide and maintain hostels for pupils attending educational establishments in their area.
C3 14 F37 Education for children unable to attend school etc.
1
If an education authority are satisfied that, by reason of—
a
any extraordinary circumstances (not being circumstances mentioned in paragraph (b), or subsection (2) or (3), below)—
i
a pupil is unable; or
ii
it would be unreasonable to expect a pupil,
to attend a suitable educational establishment for the purpose of receiving education, they may;
b
a pupil’s prolonged ill-health F404or a pupil’s being subject to any measures authorised by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or authorised, in consequence of the pupil’s mental disorder, by virtue of the Criminal Procedure (Scotland) Act 1995 (c. 46)—
i
the pupil is unable; or
ii
it would be unreasonable to expect the pupil,
to attend such an establishment for that purpose, they shall, without undue delay after those circumstances become apparent to them, make special arrangements for the pupil to receive education elsewhere than at an educational establishment.
2
If an education authority have, under section 34(1) of this Act, granted a pupil exemption from the obligation to attend school, the exemption being to enable the pupil to give assistance at home in circumstances arising out of the illness or infirmity of a member of the pupil’s family, they shall in so far as is practicable and without undue delay make such special arrangements as are mentioned in subsection (1) above.
3
If a pupil withdraws, excluded by the education authority (or with the consent of the authority in circumstances where he would have been so excluded but for his withdrawal), from a public school in their area they shall, without undue delay—
a
provide school education for him in a school managed by them;
b
make arrangements for him to receive such education in any other school the managers of which are willing to receive him; or
c
make such special arrangements as are mentioned in subsection (1) above.
14ZAF38 Meaning of pupil in sections 12 to 14.
In sections 12 to 14 of this Act and in section 52 of this Act as it relates to the said section 13, any reference to a pupil shall include a reference to a student attending a college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992.
14AF39 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 M2Social 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.
Transference of schools to education authorities
15 Transference of endowed schools to education authorities.
1
The governing body of any school providing a course of secondary education administered under a scheme approved in terms of the Act of 1882, or under any Act or any provisional order confirmed by Act of Parliament, may, with a view to the maintenance of such school as a school providing a course of secondary education resolve to transfer the management thereof, together with the school buildings, and the revenue of the school from endowments in whole or in part, or, where the endowments are held solely for the purpose of such school, together with the endowments, to the education authority of the education area in which the school is situated. The education authority shall have power to receive the same, to manage the school as a school providing a course of secondary education and to make good any deficiency in the income of the school as managed by them.
2
The Secretary of State may by order make provision for all matters which appear to him necessary or proper for giving full effect to any transfer under this section, including provision for the determination of any existing trust whose whole endowments are so transferred.
3
A resolution by a governing body under this section shall not take effect unless it is confirmed by a subsequent meeting called for that special purpose with not less than three weeks notice by circular sent to each member of the governing body and held not sooner than one month nor later than two months after the date of the first meeting, and at such second meeting the requisite majority to secure confirmation shall be not less than the absolute majority of the governing body.
16 Transference of denominational schools to education authorities.
1
It shall be lawful for the person or persons vested with the title of any school established after 21st November 1918, to which section 18 of the Act of 1918 would have applied had the school been in existence at that date, with the consent of the trustees of any trust upon which the school is held and of the Secretary of State, to transfer the school together with the site thereof and any land or buildings and furniture held and used in connection therewith, by sale, lease or otherwise, to the education authority, who shall be bound to accept such transfer, upon such terms as to price, rent, or other consideration as may be agreed, or as may be determined, failing agreement, by an arbiter appointed by the Secretary of State upon the application of either party.
2
The consent of trustees to the transference of a school to an education authority under this section may be given by a majority of not less than two thirds of the trustees present at a meeting duly summoned for that purpose. The transference may be effected
F40a
by an ordinary disposition or other deed of conveyance by the persons vested with the title, recorded in the register of sasines F41; or
b
where—
i
ii
the transference itself is so registrable,
by registration under that Act
and no stamp or other duty shall be exigible on such disposition or other deed; and the persons whose consent is hereby required need not be parties to the conveyance, and the validity of the transference and the title of the education authority shall not be subject to challenge on the ground that the requisite consents were not duly given, unless such challenge shall be judicially made within six months after the recording of the deed of conveyance F42or, as the case may be, registration.
3
The existing staff of teachers in a school transferred under this section shall be taken over by the education authority and shall as from the date of transfer be placed upon the same scale of salaries as teachers of corresponding qualifications appointed to corresponding positions in other schools of the same authority; and any question which may arise as to the due fulfilment or observance of any provision or requirement of this subsection shall be determined by the Secretary of State.
Provision, maintenance and equipment of schools and other buildings
17 Provision, maintenance and equipment of schools and other buildings.
1
F43Subject to subsection (6) below,[i]t shall be the duty of an education authority F44, in the performance of their functions under sections 1 to 6 of this Act, to provide for their area,. . . F45 sufficient accommodation in public schools (whether day schools or boarding schools),. . . F46 and other educational establishments under their management to enable them to F47perform their said functions.
F482
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.
3
F49Subject to subsection (6) below,[a]n education authority shall maintain and keep efficient every public school,. . . F46 and other educational establishment under their management, and shall from time to time provide such additional accommodation as may be necessary to F50enable them to perform their functions under sections 1 to 6 of this Act..
4
An education authority may, for the purposes of their duty under this section, provide, alter, improve, enlarge, equip and maintain schools,. . . F46 and other educational establishments outwith as well as within their area.
5
An education authority may provide, alter, improve, enlarge, equip, maintain and furnish houses and hostels, with such outbuildings and gardens as they think expedient, for teachers and other officers employed by them (whether or not employed in or about an educational establishment).
F516
Subsections (1) and (3) above shall have effect as regards further education only to the extent that the education authority is under a duty to do anything under the said sections 1 to 6.
18 Improvements as to premises of educational establishments for the safety of pupils.
1
Subject to the provisions of this section, an education authority may for the purpose of reducing the risk of accident to pupils going to or returning from schools or other educational establishments in their area and under their management, or while actually present at such schools or establishments, do work to improve the safety of any private road which is used by these pupils or which is in the vicinity of such a school or establishment, and provide or arrange for the provision of safety barriers at or near the entrances to such schools and establishments.
2
Any work for the purpose of subsection (1) above may be undertaken by the education authority in co-operation with any other person.
3
For the purpose of subsection (1) above an education authority may enter on and carry out work on any land:
Provided that where an education authority propose to carry out any such work on land which is in possession of another person, the authority shall obtain the consent of the owner and of the occupier of such land, unless the owner or the occupier cannot be found.
4
Where an education authority propose to provide or arrange for the provision of safety barriers for the purpose of subsection (1) above on any road, the authority shall—
a
if it is a public road, obtain the consent of the authority responsible for the maintenance of such road;
b
if it is a private road, consult the authority responsible for the maintenance of public roads in the area in which that private road is situated.
F525
In this section “road”, “public road” and “private road” have the meanings ascribed to them by section 151(1) of the Roads (Scotland) Act 1984.
19 Power of Secretary of State to prescribe standards for premises, etc., of educational establishments.
1
The Secretary of State may make regulations prescribing standards and F53. . . requirements which are to apply to the premises and equipment of educational establishments under the management of education authorities F373..., and regulations under this subsection may prescribe different standards or requirements in respect of such different classes (however defined) of educational establishment as may be specified in the regulations.
2
It shall be the duty
F54a
of an education authority to secure that the premises and equipment of any educational establishment under their management conform to the standards and requirements applicable to that establishmentF55;
b
of the board of management of a self-governing school to secure that the premises and equipment of the school conform to the standards and requirements applicable to that school
and, in particular, that the premises and equipment of all educational establishments under their management F374... are maintained in such a condition as to conduce to the good health and safety of all persons occupying or frequenting the premises or using the equipment.
3
Where the premises or equipment of any educational establishment under the management of an education authority F375..., do not conform to the standards or requirements applicable to that establishment F375... or are not maintained as mentioned in subsection (2) above, the Secretary of State may, after consultation with the authority F375..., direct that the premises or equipment be brought into conformity with the said standards or requirements or into the state of maintenance mentioned in that subsection (as the case may be) within a period to be specified in the direction; and it shall thereupon be the duty of F56that authority F375... to comply with the direction.
19AF57 Secretary of State’s power to control use of dangerous materials or apparatus in educational establishments.
1
The Secretary of State may by regulations make provision for requiring his approval to be obtained for the use in such educational establishments as may be specified in the regulations of such materials or apparatus as may be so specified, being materials or apparatus which could or might involve a serious risk to health.
2
The power referred to in subsection (1) above includes power to make different provision in respect of different educational establishments.
20 Acquisition of land and execution of works.
1
In order to enable them to execute any of their functions, an education authority may F58. . . from time to time—
a
acquire, whether by way of purchase, F363... lease, excambion or donation, any land whether situated within or outwith the area of the authority;
b
erect and furnish buildings or execute any other works on any land belonging to them, or on land leased by them;
c
convert, alter, enlarge or improve any existing building or other works belonging to the authority or leased by them;
Provided always that paragraphs (b) and (c) above shall not of themselves authorise the authority to do anything contrary to the conditions contained in the title to or lease of any such land, buildings or other works.
F592
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F593
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
For the purpose of the acquisition of land by an education authority under this Act, the Land Clauses Acts, except in so far as they relate to the purchase and taking of land otherwise than by agreement, shall be incorporated with this Act.
5
An education authority may be authorised by the Secretary of State to purchase land compulsorily for the purposes of this Act, and the M4Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to any such compulsory purchase as if this Act had been in force immediately before the commencement of that Act.
6
In this section, and in the Lands Clauses Acts as hereby incorporated, “land” includes water and any right or servitude in or over land or water.
Management of denominational schools
21 Management of denominational schools.
1
Any school transferred to an education authority under section 16(1) of this Act shall be held, maintained and managed by the education authority as a public school.
C42
F60Subject to subsections (2A) and (2C) below, in any such school the education authority shall have the sole power of regulating the curriculum and of appointing teachers:
F612A
A teacher appointed to any post on the staff of any such school by the education authority shall. . . F62 satisfy the Secretary of State as to qualification, and F63shall be required to be approved as regards F64his religious belief and character by representatives of the church or denominational body in whose interest the school has been conducted;
F652B
Where the said representatives of a church or denominational body refuse to give the approval mentioned in subsection (2A) above they shall state their reasons for such refusal in writing.
2C
subject to the provisions of section 9 of this Act, the time set apart for religious instruction or observance in any such school shall not be less than that so set apart according to the use and wont of the former management of the school.
C43
For each such school the education authority shall appoint as supervisor of religious instruction, without remuneration, a person approved as regards religious belief and character as aforesaid, and the supervisor so appointed shall report to the education authority as to the efficiency of the religious instruction given in such school, and shall be entitled to enter the school at all times set apart for religious instruction or observance.
C44
In every such school the education authority shall give facilities for the holding of religious examinations.
5
Subsections (1) to (4) above, so far as applicable, shall have effect in relation to any school provided by an education authority under section 17(2) of this Act as they have effect in relation to schools transferred to an education authority as mentioned in subsection (1) above, subject to the modification that the time set apart for religious instruction in any school so provided shall be not less than that so set apart in schools in the same education area which have been transferred as mentioned in subsection (1) above.
C46
Any question which may arise as to the due fulfilment or observance of any provision or requirement of the foregoing provisions of this section shall be determined by the Secretary of State.
7
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.
Discontinuance and moves of educationalestablishments
22 Discontinuance and moves of educational establishments.
1
Subject to any special conditions attaching thereto. . . F66, an education authority may—
a
sell, F364..., excamb or let any land vested in them; and
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66
2
Where an education authority propose to discontinue any educational establishment under their management, or to discontinue the use, in connection with such an educational establishment, of any part of that establishment, or of any building or part of a building ancillary to the establishment, and land forming the site, or part of the site, of that establishment or of that part of the establishment or of that building or part of a building, as the case may be, is subject to—
a
the third proviso to section 2 of the M5School Sites Act 1841 (which provides that, if any land granted in accordance with the provisions of that section ceases to be used for the purposes mentioned in that Act, that land shall revert to the grantor), or
b
any condition of a similar nature in any Act, deed or other instrument,
the Secretary of State, on the application in that behalf of the education authority, may by order direct that the said proviso or condition shall not have effect in relation to that land:
Provided that such a direction shall not be given in relation to any land unless the Secretary of State is satisfied either—
- i
that the person to whom the land would revert in accordance with the said proviso or condition cannot after due inquiry be found, or
- ii
that, if that person can be found, he has consented to relinquish his rights in relation to the land under the said proviso or condition, and that, if he has consented to do so in consideration of the payment of a sum of money to him, adequate provision can be made for the payment to him of that sum.
3
A direction given by the Secretary of State under subsection (2) above in relation to any land may make provision for the payment out of the proceeds of any sale of that land of any sum which is payable to any person in consideration of the relinquishment of his rights in relation to the land under the said proviso or condition.
4
If at any time after the expiry of ten years from the transfer of a school under section 16 of this Act, or from the provision of a new school under section 17(2) of this Act, the education authority by whom the school is maintained are of opinion that the school is no longer required, or that, having regard to the religious belief of the parents of the children attending 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, as the case may be, ought no longer to apply thereto,. . . F66 it shall F67subject to F499sections 22C and 22D of this Act and the Schools (Consultation) (Scotland) Act 2010 (asp 2) be lawful for the education authority thereafter to discontinue the school, or, as the case may be, to hold, maintain and manage the same in all respects as a public school not subject to those conditions:
Provided that—
- i
in the case of any school which has been transferred as aforesaid to an education authority, that authority shall in either of those events make to the trustees by whom the school was transferred, or to their successors in office or representatives, such compensation (if any) in respect of the school or other property so transferred as may be agreed, or as may be determined, failing agreement, by an arbiter appointed by the Secretary of State upon the application of either party; and
- ii
if before the expiry of ten years from the transfer of any such school, the education authority are of opinion as aforesaid and so represent, and the trustees by whom the school was transferred, or their successors in office or representatives, formally intimate to the F68authority that they concur with the authority in their opinion as represented, then in such case,. . . F66, it shall F69subject to F500sections 22C and 22D of this Act and the Schools (Consultation) (Scotland) Act 2010 (asp 2) be lawful for the education authority forthwith to discontinue or to hold, maintain or manage the school as aforesaid, subject to the like provision with respect to compensation.
5
In subsection (4) above, the reference to section 16 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.
Consultation on, and consent for, changes in certain educational matters
F50122A Consultation on certain changes in educational matters.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50222B Consent for certain changes in educational matters.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F70an 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 F71any education authority affected by it, 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 F72any of the results specified in subsection (3) below; and
ii
the education authority F73submitting the proposal under subsection (1) aboveand the church, denominational body or Hierarchy, as the case may be, have, after discussion, failed to reach agreement that it should be implemented.
F743
The results referred to in subsection (2)(c)(i) above are—
a
a significant deterioration for pupils belonging to the area of the education authority submitting the proposal under subsection (1) above; or
b
a significant deterioration for pupils belonging to the area of any other education authority; or
c
where neither paragraph (a) nor paragraph (b) above applies, such a deterioration for pupils as mentioned in the said paragraph (a) and pupils belonging to the area of another education authority as, taken together, amounts to a significant deterioration,
in the provision, distribution or availability of school education in schools of the kind referred to in subsection (2)(a) above compared with such provision, distribution or availability in other public schools.
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.
Co-operation between education authorities and others
23 Provision by education authority for education of pupils belonging to areas of other authorities. C5
1
An education authority shall have power to provide in or in connection with any public school,. . . F75 or other educational establishment under their management, school education or further education and other services under this Act F414or additional support within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (referred to in this section as “the 2004 Act”) for any pupil belonging to the area of some other education authority F76or of a local education authority in England and Wales.
F771A
Without prejudice to any other provision of this Act F415 or any provision of the 2004 Act, for the purposes of their duty under section 1 of this Act F416 or their functions under sections 4 and 5 of the 2004 Act an education authority shall have power to make arrangements with another education authority (in this subsection referred to as a “provider authority”) for the provision of school education or further education F417or additional support within the meaning of the 2004 Act for any pupils belonging to the area of the authority in a school or educational establishment under the management of the provider authority.
1B
Arrangements made under this Act F418or the 2004 Act by an education authority for the placing of children in schools may include provision to give effect to any arrangements made under subsection (1A) above.
1C
Where the arrangements for the placing of children in schools subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 lead, as a consequence of such establishment, to school education for pupils belonging to the area of one education authority being provided at schools or educational establishments under the management of another education authority, nothing in this Act shall prevent such arrangements from continuing until they are changed by an education authority in accordance with this Act.
2
Where an education authority. . . F78 have provided school education with or without other services for any pupil belonging to the area of some other authority F419or have provided additional support within the meaning of the 2004 Act for any such pupil, the education authority. . . F78, may, if a claim therefor is made within the prescribed period, recover from that other authority such contributions in respect of such provision as may be agreed by the authorities concerned. . . F78 or, in default of such agreement, as may be determined by the Secretary of State, who shall have regard to the estimated cost of such provision:
. . . F79
3
The Secretary of State may make regulations prescribing the areas to which particular classes of pupils receiving school education are to be deemed to belong for the purposes of this section F80and sections F420..., 50, F421and 51 of this ActF422and for the purposes of the 2004 Act and any such pupil to whom the regulations apply shall be deemed to belong to the area determined in accordance with the regulations. Any other pupil receiving school education shall, for the aforesaid purposes, be deemed to belong to the area in which his parent is ordinarily resident, and any pupil receiving further education shall be deemed to belong to the area in which he himself is ordinarily resident:
Provided that any pupil who becomes ordinarily resident in any area wholly or mainly for the purposes of attending an educational establishment providing further education shall be deemed to belong not to that area but to any area to which he was deemed to belong immediately before he became so resident.
F813A
Where an education authority’s arrangements for the placing of children in schools under their management give any priority to siblings of pupils attending such schools, those arrangements shall not discriminate between siblings belonging to the area of that education authority and siblings belonging to the area of another education authority.
4
Where on 1st January 1947 or at any subsequent date it was or is the practice of an education authority or of the managers of a school situated in the area of that authority to provide school education for pupils belonging to the area of another education authority, then whether contributions have been recovered under section 24(2) of the Act of 1946, section 24(2) of the Act of 1962 or this section or not, they shall not be entitled to discontinue such practice except after giving such notice as the Secretary of State may, in the event of a dispute, consider reasonable.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82
24 Power of education authorities to make payments to persons providing education, etc.
1
An education authority may, for the purpose of promoting education generally, or of improving the facilities for education available, or the education provided, for their area in particular, make payments—
a
to another education authority,
b
to a university, or to the managers of a hostel or other residence used by students attending a university,
c
to the managers of any school (other than a public school),
d
to the managers of any educational establishment (other than a school),
e
to any other person providing education or educational services,
f
to any person to assist the carrying out of educational research,
and any such payment may be made either unconditionally or subject to such conditions as may be agreed between the parties.
2
Where—
a
it is agreed between an education authority and the managers of any educational establishment, as a condition of the making of payments under subsection (1) above, that the authority shall have representation or additional representation on the governing body of that establishment, but
b
the provisions of any trust deed or other instrument relating to the establishment will not, unless they are modified, permit provision to be made for such representation or additional representation as aforesaid,
the Secretary of State may, on being requested to do so by the managers of the establishment, by order make such modifications in the provisions of that trust deed or other instrument as may be necessary to enable provision to be made for such representation or additional representation, as the case may be, as aforesaid, and any such trust deed or other instrument shall, so long as the said payments continue to be made, have effect subject to any modifications so made.
Promotion of educational developments
25 Educational research.
An education authority may make such provision for conducting or assisting the conduct of research as appears to the authority to be desirable for the purpose of improving the education provided for their area.
26 Educational conferences.
An education authority may arrange or organise, or participate in the arrangement or organisation of, conferences or meetings for the discussion of questions relating to education, and may expend such sums as may be reasonable in paying or contributing towards any expenditure incurred in connection with conferences or meetings for the discussion of such questions, including the expenses of any person authorised by them to attend any such conference or meeting.
27 Provision of museums by education authorities.
1
An education authority may provide and maintain museums within their area, and shall have power—
a
to acquire any objects which, in their opinion, it is desirable to include in a collection contained in a museum maintained by them under this section;
b
to lend any object vested in them and comprised in any such collection, on such terms and conditions as they think fit, to any person for any purpose;
c
subject to subsection (3) below, to transfer any object vested in them and comprised in any such collection to the governing body of a museum maintained by a person other than the education authority, for the purpose of being included in a collection contained in that museum;
d
subject to subsection (3) below, to sell, exchange, give away or otherwise dispose of any object vested in them and comprised in a collection contained in a museum maintained by them under this section, if for any reason that object is not, in their opinion, required for retention in any such collection;
e
to co-operate with any other education authority or any other body;
f
generally to do all such things as they may consider necessary or expedient for or in connection with the provision and maintenance of museums under this section.
2
An education authority may, if they think fit, make such charge as they consider reasonable for admission to a museum maintained by them under this section, and in determining whether, and in what manner, to exercise their powers under this subsection in relation to any museum, an authority shall take into account the need to secure that the museum plays its full part in the promotion of education in their area, and shall have particular regard to the interests of children and students.
3
Where an object has become vested in an education authority subject to any trust or condition—
a
that object shall, on being transferred under subsection (1)(c) above, be subject to the like trust or condition in the hands of the transferee;
b
the powers conferred by subsection (1) (d) above shall not be exercisable in relation to that object in a manner inconsistent with that trust or condition.
Part II Rights and duties of Parents and functions of Education Authorities in relation to Individual Pupils
General principle
28 Pupils to be educated in accordance with the wishes of their parents.
1
In the exercise and performance of their powers and duties under this Act, the Secretary of State and education authorities shall have regard to the general principle that, so far as is compatible with the provision of suitable instruction and training and the avoidance of unreasonable public expenditure, pupils are to be educated in accordance with the wishes of their parents.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83
C23F84 28A Duty to comply with parents’ requests as to schools.
1
Where the parent of a F85qualifying child makes a written request to an education authority to place his child in the school specified in the request, being a school F86(other than a nursery school or a nursery class in a school) under their management, it shall be the duty of the authority, subject to subsections (2) F87, (3) F88, (3A) and (3F) 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”.
F891A
The education authorities shall—
a
in carrying out the duty imposed on them by subsection (1) above; and
b
in deciding when that duty does not apply,
have regard to such guidance as the Scottish Ministers may give in that respect.
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;
v
be likely to be seriously detrimental to the educational well-being of pupils attending the school;
F91vi
assuming that pupil numbers remain constant, make it necessary, at the commencement of a future stage of the child’s primary education, for the authority to elect either to create an additional class (or an additional composite class) in the specified school or to take an additional teacher into employment at that school;F377or
vii
though neither of the tests set out in sub-paragraphs (i) and (ii) above is satisfied, have the consequence that the capacity of the school would be exceeded in terms of pupil numbers;
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 F423additional support 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 M6 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.
F92F953A
F93 . . .the duty imposed by subsection (1) above does not apply where the acceptance of a placing request in respect of a child who is resident outwith the catchment area of the specified school would prevent the education authority from retaining reserved places at the specified school or in relation to any particular stage of education at the school; but nothing in this subsection shall prevent an education authority from placing a child in the specified school.
F943B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3C
In subsection (3A) above, “reserved places” means such number of places (not exceeding such number or, as the case may be, such percentage of places at the school or relating to the particular stage of education as may be prescribed by regulations) as are in the opinion of the education authority reasonably required to accommodate pupils likely to become resident in the catchment area of the school in the period from the time of consideration of the placing request up to and during the year from 1 August to which the placing request relates; and different numbers or, as the case may be, percentages may be prescribed under this subsection for the purpose of different cases or circumstances.
3D
In subsections (3A) and (3C) above, “catchment area” means the area from which pupils resident therein will be admitted to the school in terms of any priority based on residence in accordance with the guidelines formulated by the authority under section 28B(1)(c) of this Act.
F943E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F953F
Where an education authority are carrying out the duty imposed on them by subsection (1) above in respect of a child such as is mentioned in subsection (6)(c) below, they shall place the child in the specified school—
a
on the date (being the date fixed for that school under section 32(1) and (2) of this Act) next following the making of the placing request; or
b
where that date has passed, as soon after that date as is reasonably practicable.
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.
F966
In this section—
“primary school” does not include a nursery school or a nursery class; and
“qualifying child” means—
- a
a child of school age;
- b
a child who has commenced attendance at a primary school but is not of school age; or
- c
a child who is not of school age and who, on the date (being the date fixed under subsections (1) and (2) of section 32 of this Act for the purposes of subsection (6) of that section) next following the making of the request under subsection (1) above, will be eligible under this Act to commence attendance at a primary school.
- a
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.
F4241A
In the application of subsection (1)(b)(ii) above in relation to a child who has additional support needs—
a
for the reference to section 28A(1) and (2) of this Act there shall be substituted a reference to paragraph 2 of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), and
b
“ placing request ” means a placing request within the meaning of that Act.
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.
C2428C Reference to appeal committee of refusal of placing request. C6
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.
F972
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F425and paragraph 5 of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) and heard by the committees.
2
An appeal committee set up under subsection (1) above shall be constituted in accordance with Schedule A1 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.
C2528E Appeal committees: supplementary provisions. C7
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.
F4262
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F987
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X18
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.
C2628F Appeal to sheriff from appeal committee. C8
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 thereform (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.
C2728G Application of sections 28A to 28F and Schedule A1 to young persons.
—Sections 28A to 28F of this Act and Schedule A1 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 F99qualifying child as well as references to the F99qualifying child himself shall be construed as references to the young person.
C9 28H F100 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 be 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.
Information as to schools and pupils
28IF101Information as to schools.
1
The Secretary of State may by regulations make provision requiring—
a
in respect of every school for the management of which an education authority is responsible, the education authority; and
b
in respect of every other school—
i
where the school has a board of management, the board of management;
ii
in any other case, the managers,
to provide to him and to such persons (including education authorities) as may be prescribed such information as regards the school and pupils attending the school as may be prescribed.
2
For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school.
3
Where the Secretary of State exercises his power to make regulations under this section he shall do so with a view to making available information which is likely to—
a
assist parents in choosing schools for their children;
b
increase public awareness of the quality of the education provided by the schools concerned and the educational standards achieved in those schools; or
c
assist in assessing the degree of efficiency with which the financial resources of those schools are managed.
4
Information which is required by virtue of regulations made under this section shall be provided—
a
in such form and manner; and
b
on such occasions,
as may be prescribed.
5
No information provided in accordance with regulations made under this section shall name any pupil to whom it relates.
6
The Secretary of State may—
a
publish information provided in accordance with regulations made under this section in such form and manner as he considers appropriate;
b
require an education authority to publish such information at such times and in such form and manner as he may specify for the purposes of this section; or
c
make arrangements for such information to be published in such form and manner, and by such persons, as he may specify for the purposes of this section.
7
The powers given to the Secretary of State by this section and section 28J of this Act may be exercised so as to make different provision in relation to different areas.
8
This section and sections 28J and 28K of this Act are not to be taken as restricting, or otherwise affecting, any other powers that the Secretary of State may have to make regulations with respect to, or otherwise require, the provision of information by any person.
9
Regulations made under this section and sections 28J and 28K of this Act may make different provision for different cases or classes of case.
10
This section does not apply to nursery schools.
28JF102Requirement to provide information as to school education.
1
The Secretary of State may make regulations requiring education authorities, boards of management and managers of grant-aided schools to provide to prescribed persons such information or documents or categories of information or documents relating to school education as may be prescribed.
2
Information or documents provided in pursuance of regulations made under subsection (1) above shall be provided—
a
in such form and manner; and
b
on such occasions,
as may be prescribed.
28KF103 Information as to pupils.
1
The Secretary of State may by regulations make provision requiring that such information and reports as may be prescribed as regards pupils attending schools to which this section applies shall be supplied to the parents of such pupils at such times and in such form and manner as may be determined by or in accordance with the regulations.
2
This section applies to any school which is not a grant-aided school, an independent school or a nursery school.
3
Regulations made under this section may contain provision as to—
a
the means of involvement of parents in consideration of such reports; and
b
the extent to which any information relating to general standards of performance in examinations or other forms of assessment of any group of pupils shall be supplied to parents of other pupils.
28LF472Use of electronic communications
1
This section applies for the purposes of doing anything in writing under–
a
section 28A(1) or (4);
b
section 28E(3) or (5);
c
section 28H(3); or
d
regulations made under section 28A(5), 28D(3) or 28H(5),
of this Act.
2
Subject to subsection (3) below, any request, information, notification or other thing which must be in writing may be done by means of a document–
i
transmitted by electronic means;
ii
received in legible form; and
iii
capable of being used for subsequent reference.
3
An education authority shall be bound to accept receipt of a request made under section 28A(1) of this Act by way of electronic communication only if that authority–
a
has passed a resolution to accept receipt of requests so transmitted; and
b
has, under section 28B(1)(a) of this Act, published or otherwise made that resolution available.
F10429. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty of parents to provide education for their children
30 Duty of parents to provide education for their children.
F1051
It shall be the duty of the parent of every child of school age to provide efficient education for him suitable to his age, ability and aptitude either by causing him to attend a public school regularly or by other means.
F1062
Section 1 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) (right of child to be provided with school education by, or by virtue of arrangements made by, an education authority) is without prejudice to the choice afforded a parent by subsection (1) above.
C10C11C1231 School age.
Subject to sections 32(3) and 33(2) and (4) of this Act, a person is of school age if he has attained the age of five years and has not attained the age of sixteen years.
32 Dates for commencement of school attendance.
1
Subject to subsection (7) below, an education authority shall fix a date or dates (any such fixed date being hereinafter referred to as a “school commencement date”) for the commencement of attendance at primary schools in their area; and any such date may be either a calendar date or fixed by reference to the occurrence of a particular annual event.
2
Subject to subsection (7) below, an education authority may, under subsection (1) above—
a
fix different school commencement dates for different primary schools in their area;
b
at any time fix a different school commencement date in substitution for any date previously fixed by them under the said subsection (1).
3
A child who does not attain the age of five years on a school commencement date shall, for the purposes of section 31 of this Act, be deemed not to have attained that age until the school commencement date next following the fifth anniversary of his birth.
4
Subject to subsection (7) below, an education authority shall, in respect of each school commencement date fixed by them under subsection (1) above and applicable to a public primary school, fix the latest following date (any such fixed date being hereinafter referred to as an “appropriate latest date”) on or before which a child must attain the age of five years in order to come within the category of children whom the authority consider of sufficient age to commence attendance at a public primary school at that school commencement date.
5
Subject to subsection (7) below, an education authority may, under subsection (4) above—
a
where a school commencement date is applicable to more than one public primary school in their area, fix in respect of that school commencement date different appropriate latest dates for those different schools;
b
at any time fix a different appropriate latest date in substitution for any date previously fixed by them under the said subsection (4).
6
The education authority shall carry out their duty under section 1 of this Act as if a child who is under school age on a school commencement date, but who will attain the age of five years on or before the next following appropriate latest date fixed in respect of the school commencement date, has attained the age of five years on the school commencement date; but nothing in this subsection or in subsection (4) above shall, in respect of a child under school age,—
a
impose any duty on his parent; or
b
require an education authority to take any action under section 36 or 37 of this Act.
7
The period between an appropriate latest date applicable to a school and the next following school commencement date applicable to that school (whether or not the school commencement date is that in respect of which the appropriate latest date is fixed) shall not, except with the approval of the Secretary of State on an application to him by the education authority, exceed six months by more than seven days:
Provided that no such application shall be made, nor approval given, in respect of any such period which commences after 31st December 1979.
8
In relation to any child, “school commencement date”—
a
in subsection (3) above—
i
means, where the child is a pupil in attendance at a primary school, a school commencement date of that school;
ii
in any other case has the same meaning as in subsection (6) above;
b
in subsection (6) above means a school commencement date of the public primary school to which a child of his religious denomination and from his place of residence would normally be admitted.
9
In this section, “primary school” does not include a nursery school or a nursery class.
C1333 School leaving dates.
1
The last day of May (hereinafter referred to as the “summer leaving date”) and the appropriate day in December (hereinafter referred to as the “winter leaving date”) shall be the school leaving dates in each year.
2
Subject to subsection (4) below, for the purposes of section 31 of this Act a person shall, if the date of his attaining the age of sixteen years is—
a
on or after 1st March but before the next summer leaving date, be deemed not to have attained that age until the summer leaving date;
b
after the summer leaving date but before 1st October next following that date, be deemed to have attained that age on the summer leaving date;
c
on or after 1st October but before the next winter leaving date, be deemed not to have attained that age until the winter leaving date;
d
after the winter leaving date but before 1st March next following that date, be deemed to have attained that age on the winter leaving date.
3
In subsection (1) above, “the appropriate day in December” means—
a
in the case of a person who is a pupil in attendance at a school, the first day of the Christmas holiday period;
b
in any other case, 21st December,
and in paragraph (a) of this subsection, “Christmas holiday period” means a period of consecutive days which includes 25th December and in which the school does not meet for the purpose of providing school education.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107
34 Exemption from school attendance.
1
Where after due inquiry an education authority are satisfied that by reason of any circumstances existing at his home it would cause exceptional hardship to require a child over fourteen years of age to attend school, they may grant exemption from the obligation to attend school to enable the said child to give assistance at home upon such conditions, if any, as to the amount and manner of further attendance at school until the child reaches the upper limit of the school age as the authority think fit.
2
No exemption granted under subsection (1) above shall extend beyond the date for commencing school attendance next following the date upon which the exemption was granted:
Provided that the authority may if they think fit renew an exemption, so however that the provisions of this section shall apply to such renewal in like manner as they apply to the original grant.
3
An exemption granted under this section shall exempt the parent of the child concerned from any prosecution or other proceeding under this Act for neglecting to provide for the education of the said child.
4
The education authority shall keep a register of exemptions granted under this section wherein shall be entered the name of each child so exempted and a statement of the circumstances in which and the conditions upon which such exemption was granted.
Failure of parents to provide education for their children
35 Failure by parent to secure regular attendance by his child at a public school.
1
Where a child of school age who has attended a public school on one or more occasions fails without reasonable excuse to attend regularly at the said school, then, unless the education authority have consented to the withdrawal of the child from the school (which consent shall not be unreasonably withheld), his parent shall be guilty of an offence against this section.
2
For the purposes of this section, a child who has been required to discontinue for any period his attendance at a school on account of his parent’s refusal or failure to comply with the rules, regulations or disciplinary requirements of the school, shall, unless the court otherwise determines, be deemed to have failed without reasonable excuse to attend regularly at the school.
36 Power of education authority in relation to irregular attendance of child at a public school.
1
It shall be the duty of the education authority if they consider that a parent has committed an offence against section 35 of this Act in respect of a child resident in their area, to serve a notice on the parent requiring him, within such time as may be specified in the notice (not being less than forty-eight hours or more than seven days from the service thereof) to appear (with or without the child) before the authority and explain the reason for the absence of the child from school. If the parent fails to satisfy the authority that he had a reasonable excuse, the authority may
F108a
b
report the circumstances to the procurator fiscal or warn the parent and postpone for a period not exceeding six weeks a decision as to whether F110so to report.
2
Where an education authority in the exercise of the powers conferred upon them by subsection (1) above postpone a decision as to whether to prosecute a parent, they may, if the child is still of school age, make an attendance order in respect of the child in accordance with the provisions of section 38 of this Act requiring the parent to cause the child to attend the public school which he has been attending, or, if the child has changed his residence, a school attended by children residing in the same neighbourhood as the child.
3
Without prejudice to the institution of proceedings for an offence against section 35 of this Act or the exercise of the power conferred by section 44(1) of this Act, where a child of school age has failed to attend a public school regularly, the education authority F111, where no requirement arises under section 53(1) of the Children (Scotland) Act 1995 to give information about the child to the Principal Reporter, may under this subsection provide the Principal Reporter with such information.
37 Power of education authority where not satisfied that parent is providing efficient education for his child.
1
Where a child of school age has not attended a public school in the area in which his parent is residing, or has attended such a school and has been withdrawn therefrom with the consent of, or excluded by, the education authority, then, if the authority are not satisfied that the parent is providing efficient education for him suitable to his age, ability and aptitude, it shall be the duty of the authority to serve a notice on the parent requiring him within such time as may be specified in the notice (not being less than seven or more than fourteen days from the service thereof) either—
a
to appear (with or without the child) before the authority and give such information as the authority may require regarding the means, if any, he has adopted for providing education, or
b
in the option of the parent, to give such information to the authority in writing.
2
If a parent on whom a notice has been served in pursuance of subsection (1) above fails to satisfy the authority that he is providing efficient education for the child suitable to his age, ability and aptitude or that there is reasonable excuse for his failure to do so, the authority shall make an attendance order in respect of the child in accordance with the provisions of section 38 of this Act.
Attendance orders
38 Making of attendance orders.
1
References in sections 36 and 37 of this Act, and in the following provisions of this Act, to an attendance order in respect of a child are references to an order in writing requiring the parent of the child to cause the child to attend a school named in the order, being either a public school, or a school (other than a public school) the managers of which are willing to receive the child.
2
In an attendance order in respect of a child—
a
a school at which the parent will be required to pay fees shall not be named except at the request of the parent; and
3
Before making an attendance order under section 36 or 37 of this Act, the education authority shall consider any views expressed by the parent as to the school which he desires his child to attend.
4
The authority shall cause a copy of any attendance order made by them under section 36 or 37 of this Act to be served upon the parent, and it shall thereupon be the duty of the parent, subject to an appeal to the sheriff under subsection (5) below, to cause the child to attend regularly at the school named in the order.
5
A parent aggrieved by the making of an attendance order by an education authority may within fourteen days after the date upon which a copy of the order was served upon him under subsection (4) above appeal against it to the sheriff, who may confirm, vary or annul the order and whose decision shall be final.
39 Amendment and revocation of attendance orders.
1
An education authority who have made an attendance order in respect of any child may at any time while the order is in force serve upon the parent of the said child a notice of their intention to amend the order by substituting the name of another school for that named in the order.
2
Where a child in respect of whom an attendance order is in force moves his residence, the education authority of the area to which the child has moved may serve upon the parent of the said child a notice of their intention to amend that order by substituting for the name of the school appearing in the order the name of a school attended by children residing in the same neighbourhood as the child.
3
The parent may within fourteen days of the service of a notice under subsection (1) or (2) above intimate in writing to the authority any objections he may have to the proposed amendment. After the expiry of the said period of fourteen days and after considering any objections made by the parent, the authority may amend the attendance order, and subsections (2), (4) and (5) of section 38 of this Act shall apply in the case of the amended attendance order as they apply in the case of an attendance order.
4
If at any time while an attendance order is in force with respect to any child the parent of the child makes application to the authority by whom the order was made or amended requesting—
a
that another school be substituted for that named in the order, or
b
that the order be revoked on the ground that arrangements have been made for the child to receive efficient education suitable to his age, ability and aptitude at a school other than that named in the order or elsewhere than at school,
the authority shall amend or revoke the order in compliance with the request unless they are of opinion that the proposed change of school is unreasonable or inexpedient in the interests of the child, or that the arrangements made for the education of the child at a school other than that named in the order or elsewhere than at school are not satisfactory, as the case may be; and, if a parent is aggrieved by a failure of the authority to reach a decision upon his application within one month after the date thereof or by refusal of the authority to comply with any such request, he may appeal to the sheriff, who shall give such direction as he thinks fit.
40 Period of operation of attendance orders.
An attendance order made in respect of any child shall, subject to any amendment thereof made by an education authority or variation made by the sheriff, and unless revoked by an authority or annulled by the sheriff, continue in force so long as the child is of school age:
F428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41 Failure to comply with attendance order.
Where an attendance order has been made and is in force in respect of any child, and a copy of such order has been served on the parent of the child, the parent shall, if the order is not complied with, be guilty of an offence against this section unless he satisfies the court that he has a reasonable excuse.
Reasonable Excuses
42 Reasonable excuses.
1
For the purposes of sections 35, 36, 37, 41 and 44 of this Act, there shall F113, subject to subsection (1A) below, be deemed to be a reasonable excuse if—
a
there is within walking distance of the child’s home measured by the nearest available route no public or other school the managers of which are willing to receive the child and to provide him with free education, and either—
i
no arrangements have been made by the education authority under section 50 or 51 of this Act with regard to the child; or
ii
any arrangements so made are such as to require the child to walk more than walking distance in the course of any journey between his home and school; or
b
the child has been prevented by sickness from attending school or receiving education as the case may be; or
c
there are other circumstances which in the opinion of the education authority or the court afford a reasonable excuse.
F1141A
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
The fact that an application to an education authority, or an appeal to the sheriff, has been made under section 39(4) of this Act in relation to an attendance order in respect of a child shall not be deemed to be a reasonable excuse for failure to cause the child to attend regularly at the school named in the order.
3
Where a parent alleges that his child has been prevented by sickness from attending school or receiving education as the case may be, the parent shall, if required by the education authority, permit a medical officer of the appropriate Health Board to examine the child, and any parent who fails to do so shall be guilty of an offence against this section.
4
In this section—
“walking distance” means, in the case of a child who has not attained the age of eight years, two miles, and in the case of any other child, three miles;
“the appropriate Health Board”, in relation to any child, means—
- a
where an attendance order is in force in respect of the child, the Health Board in whose area the school named in the order is situated;
- b
in any other case, the Health Board in whose area the place of residence of the child is situated.
- a
Prosecutions
43 Prosecutions and penalties.
1
Any person guilty of an offence against section 35, 41 or 42 of this Act shall be liable, on conviction by a court of summary jurisdiction, F115to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.
2
Proceedings under this section F498... may be taken at the instance either of the public prosecutor of the court of summary jurisdiction in which the proceedings are to be taken or of another person authorised by the education authority to institute proceedings on their behalf.
44 Powers of Courts in relation to child.
F1161
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
If the court before which a prosecution is brought for an offence against section 35 of this Act is satisfied that a child has failed without reasonable excuse to attend regularly at school, but does not, in the exercise of the powers conferred upon it by F117section 54(1) of the Children (Scotland) Act 1995, refer the matter to the Principal Reporter, the court may, if the child is still of school age, make an attendance order in respect of the child requiring the parent to cause the child to attend the public school which he has been attending or, if the child has changed his residence, a school attended by children residing in the same neighbourhood as the child; and subsections (2) and (3) of section 38 and sections 39 to 41 of this Act shall apply with any necessary modifications to an attendance order made by a court under this section as they apply to an attendance order made by an education authority.
45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118
F120 Corporal Punishment
S. 48A inserted by Education (No. 2) Act 1986 (c. 61, SIF 41:2), s. 48
F119 48A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provision to assist pupils to take advantage of educational facilities
49 Power of education authorities to assist persons to take advantage of educational facilities.
C141
Subject to the following provisions of this section, an education authority shall have power to grant, on such conditions as may be prescribed, and make payments in pursuance of, bursaries, scholarships or other allowances to persons over school age attending courses of full-time or part-time education (whether held in Scotland or elsewhere) which are not courses of school education or (in the case of courses held outside Scotland) are not courses of education comparable to school education in Scotland.
C152
Subject to the following provisions of this section, an education authority shall have power, for the purpose of enabling persons to take advantage without hardship to themselves or their parents of the facilities for school education available to them, to grant, on such conditions as may be prescribed, and make payments in pursuance of, allowances for the purpose of defraying in whole or in part—
a
such expenses of persons attending any school as may be expedient to enable them to take full part in the activities of the school;
b
the fees and expenses payable in respect of persons attending schools at which fees are payable;
c
the maintenance expenses of persons over school age who are attending schools.
F4932ZA
Before exercising the power conferred by subsection (2)(b) in respect of a person attending an independent school an education authority must have regard to the matter mentioned in section 50A.
F1212A
In subsection (2) above, references to attending school are to so attending not only where the school is in Scotland, but also where it is in England and Wales or in Northern Ireland (“school education” being construed accordingly).
3
The Secretary of State may make regulations providing that the powers conferred on an education authority by subsections (1) and (2) above—
a
shall be exercised in accordance with such provisions as may be prescribed by or under the regulations; and
b
shall not be exercised in relation to a person who does not fulfil such requirements as to residence in the area of the authority, or as to other matters, as may be specified in the regulations;
and regulations made under this subsection may contain provision for the determination by the Secretary of State of any question whether any such requirements are fulfilled in any particular case.
50 Education of pupils in exceptional circumstances.
1
Where in the opinion of an education authority—
a
any pupil is, owing to the remoteness of his home or the conditions under which he is living or other exceptional circumstances, unable to receive the full benefit of school education unless special arrangements are made for him, or
b
c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123
the authority F124, in a case where subsection (3) applies, may and, in any other case, subject to subsection (4) below, shall, after consultation with the parent F125, make such arrangements of either a temporary or a permanent character as they think best suited to the purpose of enabling that pupil to attend F126, in any case falling under—
i
paragraph (a) of this subsection, an appropriate school; and
ii
paragraph (b) thereof, the particular school.
F4951ZA
In deciding whether school education suitable to the age, ability and aptitude of a pupil is best provided at a particular independent school, an education authority must have regard to the matter mentioned in section 50A.
F1271A
In subsection (1) above, references to an appropriate school and to a particular school are references not only to schools in Scotland but also to schools in England and Wales or in Northern Ireland (“school education” being construed accordingly).
2
The arrangements made under subsection (1) above may include—
a
the provision of travelling facilities or the payment of travelling expenses under F128subsection (1) of section 51 of this Act (for the purposes of this paragraph, any reference in that section to a school being construed as a reference not only to a school in Scotland but also to a school in England and Wales or in Northern Ireland); or
b
the accommodation of the pupil at a boarding school F125 or in a hostel, home or other institution; or
c
other provision of board and lodging, provided that the education authority shall, so far as practicable, give effect to the wishes of the parent with respect to the religious denomination of the person with whom the pupil will reside; or
d
provision for the travelling, board and lodging of teachers.
F1293
This subsection applies where—
a
the education authority have, in accordance with F130— (i)their arrangements as published or otherwise made available under section 28B(1)(a) of this Act
F131ii
any arrangements made by them under section 23(1A) of this Act; or
iii
the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) 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 F132or another education authority 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.
50AF489Sections 49 and 50: matter to which education authority must have regard
The matter referred to in sections 49(2ZA) and 50(1ZA) is the extent to which food and drink provided for pupils in attendance at the independent school which—
a
is provided on the premises of the school, and
b
is not—
i
brought onto the premises by a pupil, or
ii
provided as part of a social, cultural or recreative activity (whether or not the activity is organised by the proprietor of the independent school),
would comply with nutritional requirements specified by the Scottish Ministers by regulations such as are mentioned in section 56A(1) if those regulations applied in relation to the independent school.
51 Provision of transport and other facilities.
1
An education authority F133, in a case to which subsection (2A) F378... below applies, may and, in any other case, subject to subsection (2B) below shall make such arrangements as they consider necessary for the provision of any of the following facilities in respect of pupils attending schools or other educational establishments—
a
for their conveyance without charge for the whole or part of the journey between their homes and the schools or other educational establishments which they are attending;
b
for making bicycles or other suitable means of transport available to the pupils, or to their parents for the use of the pupils, upon such terms and conditions as may be arranged, or for paying money allowances in lieu thereof;
c
for paying the whole or any part, as the authority think fit, of their reasonable travelling expenses,
and any such arrangement may in respect of any pupil make provision for more than one of the facilities specified in the foregoing paragraphs of this subsection.
2
Where the requirements of pupils, for the conveyance of whom arrangements have been made by an education authority under subsection (1)(a) above, have been met, it shall be the duty of that authority, where there are any vacant places in any vehicle used for such conveyance, to allow such vacant places to be used F356... by other pupils to be selected by the authority.
F3572AA
An education authority may—
a
subject to subsection (2BB) below, charge the parent of a pupil using a vacant place by virtue of subsection (2) above such sum as the authority consider appropriate; or
b
allow a vacant place to be so used without charge,
and the authority may make different charges for different cases or different classes of case.
2BB
An education authority may not charge any sum under subsection (2AA)(a) above unless, having had regard to the financial circumstances of the parent to be charged, the authority consider that the charge can be paid by the parent without undue hardship.
F1342A
This subsection applies where—
a
the education authority have, in accordance with F135—
i
their arrangements as published or otherwise made available under section 28B(1)(a) of this Act
F136ii
any arrangements made by them under section 23(1A) of this Act; or
iii
the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act , proposed to place the pupil 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 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 F137or another education authority 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.
F3792AB
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3792AC
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1382AD
Without prejudice to the generality of subsection (1) above, the duty imposed by that subsection applies in cases where a pupil attends a school or educational establishment under the management of another education authority—
a
in accordance with any arrangements made by them under section 23(1A) of this Act;
b
in accordance with the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act; or
c
if at the time when the pupil was placed in that school or educational establishment it was under the management of the education authority for the area to which the pupil belonged, and is under the management of another education authority as a consequence of the establishment of such new local government areas.
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.
F1392C
In considering whether to make any arrangements under subsection (1) above in respect of pupils attending schools, an education authority shall have regard to the safety of such pupils.
3
Where as a condition of admission to any educational institution a person is required to attend for examination or interview at a particular place, the education authority may pay the whole or part of the expenses necessarily incurred by that person in respect of such attendance.
F1404
In this section “school” does not include a nursery school or a nursery class in a school.
52 Recovery of cost of board and lodging.
—Where an education authority have provided a pupil with board and lodging, whether at a school, F141 hostel or elsewhere, the authority may, in their discretion, require the parent to pay to them in respect thereof such sums if any not exceeding the cost of such board and lodging as in the opinion of the authority he is able without financial hardship to pay:
Provided that—
i
where the board and lodging provided for any pupil were so provided under arrangements made by the authority for any of the reasons specified in section 50(1) of this Act, no sum shall be recoverable in respect thereof under this section; and
ii
where the board and lodging have been so provided for a young person F141 under section 13 of this Act, at F142an educational establishment, the authority, if satisfied that he is in a financial position to pay the whole or any part of a sum recoverable from his parent under this section, may recover that sum or that part thereof from the young person instead of from the parent.
Provision of food and clothing
53 Provision of school meals.
1
An education authority—
a
b
shall provide such facilities as the authority consider appropriate for the consumption of any F480food or drink brought to the school or other educational establishment by such pupils.
C28C29F4812
Where an education authority provide school lunches under subsection (1)(a), they must, subject to subsection (3), charge pupils for the lunches.
2A
Subsection (2B) applies where an education authority provide, under subsection (1)(a), anything other than school lunches.
2B
The authority may—
a
provide any food or drink free of charge, or
b
charge pupils for any food or drink.
2C
An education authority may exercise the power conferred by subsection (2B)(a) in relation to—
a
pupils who satisfy such conditions as the authority think fit,
b
the provision of food or drink at such times of the day (other than in the middle of the day) as they think fit.
2D
Where, by virtue of subsection (2) or (2B)(b), an education authority charge for a particular food or drink, they must charge the same price for the same quantity of the food or drink.
F1443
Subsection (3AA) below applies in relation to a pupil—
a
whose parents are in receipt of—
i
income support;
F505iia
an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
iii
support provided under Part VI of the Immigration and Asylum Act 1999; F359or
iv
any other benefit or allowance or any tax credit or element of such a tax credit (within the meaning of the Tax Credits Act 2002 (c. 21)) that the Scottish Ministers may by regulations prescribe, in such circumstances as may be so prescribed; or
b
who is himself in receipt of
F360i
income support;
ii
an income-based jobseeker’s allowance; or
F505iia
an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
iii
any other benefit or allowance or any tax credit or element of such a tax credit (within the meaning of the Tax Credits Act 2002 (c. 21)) that the Scottish Ministers may by regulations prescribe, in such circumstances as may be so prescribed
3AA
An authority shall so exercise the power conferred by subsection (1)( a ) above as to ensure that F482a school lunch is provided for the pupil free of charge.
F3803A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
For the purposes of this section, a pupil for whom an education authority have made special arrangements under section 14 of this Act may, at the discretion of the authority, be deemed to be in attendance at a public school under their management.
F4835
In this section and sections 53A and 53B, “school lunch” means anything provided under subsection (1)(a) in the middle of the day which the education authority consider is appropriate for consumption as a meal at that time of day.
53AF490Promotion of school lunches
1
An education authority must—
a
promote the availability of school lunches in public schools and other educational establishments under the authority's management, and
b
encourage pupils in attendance at those schools and other educational establishments to consume school lunches.
2
In particular, an education authority must take reasonable steps to ensure that every pupil who is entitled, by virtue of section 53(3), to receive school lunches free of charge, receives those lunches.
53BF491Protection of identity of pupils receiving free school lunches
1
This section applies where a school lunch is provided for a pupil free of charge by virtue of section 53(3).
2
An education authority must take reasonable steps to ensure that the pupil cannot be identified by any person other than an authorised person as a pupil who receives a school lunch free of charge.
3
An education authority must take reasonable steps to ensure that none of the persons mentioned in subsection (4) discloses to any person other than an authorised person the fact that the pupil receives school lunches free of charge.
4
Those persons are—
a
a teacher in the school,
b
any person (other than a teacher) who is—
i
employed (whether by the education authority or by another person) in the school, or
ii
working there on an unpaid basis,
c
any other person employed by the education authority.
5
In subsections (2) and (3), “ authorised person ” means—
a
a parent of the pupil,
b
a person mentioned in subsection (4) who is authorised by the education authority to have access to information about a pupil's entitlement, by virtue of section 53(3), to receive school lunches free of charge.
54 Provision of clothing for pupils at public schools.
1
When it is brought to the notice of an education authority that a pupil attending a school under their management F381... is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided, the education authority shall make such provision for the pupil for the purpose of ensuring that he is sufficiently and suitably clad as they may deem necessary during such period while the pupil is attending school (including days when the school does not meet) as they may determine.
2
Where an education authority make provision for a pupil in pursuance of this section, they shall be entitled to recover from the parent of the pupil the expense thereby incurred or, if the authority are satisfied that the parent is unable without financial hardship to pay the whole of that expense, such part thereof, if any, as he is, in the opinion of the authority, able without financial hardship to pay.
3
Without prejudice to any powers conferred upon them by subsections (1) and (2) above, an education authority may provide clothing free of charge—
i
for any pupil who is a boarder at a school, or
ii
for any pupil in attendance at a nursery school or a nursery class,
under the management of the authority F382....
4
For the purposes of this section—
a
a pupil on attaining the age of five years shall, pending his admission to school, be deemed to be attending a school under the management of the education authority in whose area he is ordinarily resident; and
F429b
a child or young person—
i
having additional support needs, and
ii
who is, for the purposes of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), a child or young person for whose school education an education authority are responsible by virtue of section 29(3)(b) of that Act,
shall be deemed to be attending a school under the management of that authority.
55 Provision of food and clothing for pupils at schools other than public schools.
An education authority may, with the consent of the managers of any school in their area which is not a public school, and upon such financial and other terms, if any, as may be determined by agreement between the authority and the managers, make arrangements for securing—
a
the provision of milk, meals and other refreshment for pupils in attendance at the school; and
b
F383... the provision, for any pupil in attendance at the school who is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education (including physical exercise) provided by the school, of such clothing as is necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil at the school.
56 Condition of provision of clothing by education authorities.
Save as may be otherwise prescribed, provision of clothing by an education authority under any of the powers conferred by this Act may be made in such a way as to confer, at the option of the authority, either a right of property in the clothing or a right to use it only.
F488Food and drink: nutritional requirements
Ss. 56A-56D and cross-heading inserted (12.5.2008 for specified purposes, 4.8.2008 in so far as not already in force) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 3, 11(2); S.S.I. 2008/171, art. 2(1)(a)(2)
56AFood and drink: nutritional requirements
1
Where subsection (2) applies in relation to food or drink provided for pupils in attendance at public schools, an education authority must ensure that the food or, as the case may be, drink complies with nutritional requirements specified by the Scottish Ministers by regulations.
2
This subsection applies where—
a
food or drink is provided under section 53(1)(a), or
b
food or drink provided on the premises of a public school or on the premises of a hostel provided and maintained by the education authority for pupils—
i
is not provided under section 53(1)(a), and
ii
does not fall within subsection (3).
3
Food or drink falls within this subsection if it is—
a
brought onto the premises of the school or hostel by a pupil, or
b
provided as part of a social, cultural or recreative activity (whether or not the activity is organised by an education authority).
4
It is immaterial for the purposes of subsection (1) whether food or drink is provided by—
a
the education authority, or
b
another person in pursuance of an agreement or other arrangement with the authority.
56BRegulations under section 56A: further provision
1
Regulations such as are mentioned in section 56A(1) may, in particular, include provision for or in connection with—
a
specifying particular foods or drinks which satisfy, or fail to satisfy, nutritional requirements specified in the regulations,
b
specifying circumstances where food or drink may be provided to a pupil even if it does not satisfy nutritional requirements specified in the regulations,
c
requiring that drinking water be made available for every pupil, free of charge, on the premises of—
i
a public school, or
ii
a hostel provided and maintained by an education authority for pupils.
2
Regulations under section 56A(1) may make different provision for different purposes and for different descriptions of pupil.
56CGuidance
An education authority must, in carrying out the duty imposed on them by section 56A(1), have regard to any relevant guidance issued by the Scottish Ministers.
56DApplication of sections 56A to 56C to grant-aided schools
1
Sections 56A to 56C apply in relation to the managers of a grant-aided school as they apply in relation to an education authority.
2
For the purposes of that application, those sections are to be read as if the modifications mentioned in subsections (3) to (5) had been made.
3
For subsections (1) and (2) of section 56A substitute—
1
The managers of a grant-aided school must ensure that food and drink provided for pupils in attendance at the school which—
a
is provided on the premises, and
b
does not fall within subsection (3),
complies with nutritional requirements specified by the Scottish Ministers by regulations.
4
In sections 56A(3)(a) and 56B(1)(c) the references to a hostel are omitted.
5
In section 56B(1)(c) the reference to a public school is to be read as a reference to a grant-aided school.
F492Food and drink: guidance about sustainable development
S. 56E and cross-heading inserted (4.8.2008) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 9, 11(2); S.S.I. 2008/171, art. 2(2)
56EFood and drink: guidance about sustainable development
1
Subsection (2) applies where an education authority—
a
provide food or drink under section 53(1)(a),
b
for the purpose of providing food or drink under that section, provide services relating to the provision of the food or drink, or
c
enter into an agreement for the provision by another person of—
i
food or drink to be provided under that section, or
ii
services relating to the provision of the food or drink.
2
The authority must have regard to any guidance issued by the Scottish Ministers about the application of the principles of sustainable development.
3
Subsection (4) applies where the managers of a grant-aided school—
a
provide—
i
food or drink for pupils in attendance at the school, or
ii
services relating to the provision of such food or drink, or
b
enter into an agreement for the provision by another person of—
i
food or drink for pupils in attendance at the school, or
ii
services relating to the provision of such food or drink.
4
The managers must have regard to any guidance issued by the Scottish Ministers about the application of the principles of sustainable development.
5
Guidance issued under subsection (2) or (4) may, in particular, include guidance about the extent to which the application of the principles of sustainable development may be affected by considerations relating to—
a
fair and ethical trading,
b
the places where food or drink is produced or processed.
Health and cleanliness of pupils
57 Medical and dental examination and inspection.
1
The Secretary of State may make regulations as to the conduct of medical and dental examinations and medical and dental inspections for the purposes of the performance of his duties under section 39 of the M8National Health Service (Scotland) Act 1978.
F1452
For the purpose of securing the proper medical or dental inspection of the pupils and young persons for whom there is a duty under the said section 39 to provide such inspection, an education authority may require the parent of any pupil in attendance at any school under their management to submit the pupil for medical or dental inspection in accordance with arrangements made by the appropriate Health Board in agreement with the authority; and the authority may require any young person in attendance at any educational establishment under their management to submit for such medical or dental inspection.
3
If any F146parent fails without reasonable excuse to comply with a requirement made by an education authority F384... under subsection (2) above, he shall be guilty of an offence and shall be liable on conviction by a court of summary jurisdiction to a fine not exceeding F147£10F147level 1 on the standard scale.
4
In this section “the appropriate Health Board”, in relation to any pupil or young person, means the Health Board in whose area is situated the school, F148 or other educational establishment at which the pupil or young person is in attendance.
58 Power to ensure cleanliness.
1
An education authority may, by directions in writing issued with respect to all schools, F149 and other educational establishments under their management or with respect to any of such schools, F150 or establishments named in the directions F385... authorise a medical officer of the appropriate Health Board to cause examinations to be made of the bodies and clothing of all or any of the pupils in attendance at such schools F385... and young persons in attendance at such F149 establishments whenever in his opinion such examinations are necessary in the interests of cleanliness.
2
Any such examination as aforesaid shall be made by such medical officer or by a person authorised in writing by him to make such examinations (in this section referred to as an “authorised person”), and, if the body or clothing of any pupil or young person is found upon such an examination to be infested with vermin or in a foul condition, the authority F386... may serve upon the parent of such pupil or upon the young person a notice requiring the parent to cause the body and clothing of the pupil to be cleansed or the young person to cause himself and his clothing to be cleansed as the case may be.
3
A notice served under subsection (2) above shall inform the person upon whom it is served that, unless within the period limited by the notice, not being more than twenty-four hours after the service thereof, the body and clothing of the pupil or young person to whom the notice relates are cleansed to the satisfaction of the medical officer or an authorised person as may be specified in the notice, the cleansing thereof will be carried out under arrangements made by the education authority F387...; and, if at the expiration of that period the medical officer or an authorised person is not satisfied that the body and clothing of the pupil or young person have been properly cleansed, the medical officer or an authorised person may issue an order directing that the body and clothing of the pupil or young person be cleansed under such arrangements. The order shall be sufficient to authorise any officer of the authority F387... to cause the body and clothing of the pupil or young person named in the order to be cleansed in accordance with such arrangements, and for that purpose to convey him to the premises where the cleansing is to be carried out and to detain him there until such time as the cleansing has been completed.
4
It shall be the duty of the education authority F388... to make arrangements for securing that any cleansing under this section, whether at the request of a parent or young person or in pursuance of an order issued under this section, may be carried out in suitable premises by suitable persons and with suitable appliances.
C165
If after the cleansing of the body or clothing of any pupil or young person has been carried out under this section his body or clothing is again found to be infested with vermin or in a foul condition at any time while he is in attendance at such school, F149 or other educational establishment, and it is proved that the condition of his body or clothing is due to neglect on the part of his parent, or, in the case of a young person in attendance at F151an educational establishment, to his own neglect, the parent or the young person, as the case may be, shall be liable on conviction by a court of summary jurisdiction in the case of a first conviction to a fine not exceeding £1, in the case of a second conviction to a fine not exceeding £5, and in the case of a third or subsequent conviction to a fine not exceeding £10 or to a term of imprisonment not exceeding one month or to both such fine and such imprisonment.
6
Where such a medical officer or authorised person has reason to believe that the body or clothing of any pupil or young person in attendance at such school, F149 or other educational establishment is infested with vermin or in a foul condition, but action for the examination or cleansing thereof cannot immediately be taken, he shall so advise the authority F389..., who may, if they consider it necessary so to do in the interests either of the pupil or young person or of other children or young persons in attendance at the school, F150 or other educational establishment, direct that the pupil or young person be excluded from the school, F150 or other educational establishment until such action has been taken; and such a direction shall be a defence to any proceedings under this Act in respect of the failure of the pupil or young person to attend school or to comply with the requirements of an attendance notice, as the case may be, on any day on which he is excluded in pursuance of the direction, unless it is proved that the issue of the direction was necessitated by the wilful default of the parent or of the young person.
7
No female shall be examined or cleansed under the powers conferred by this section except by a registered medical practitioner or by a woman authorised ?for that purpose by a medical officer of a Health Board.
8
In this section “the appropriate Health Board” has the same meaning as in section 57 of this Act.
Children requiring special education
59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F152
F406 60 Functions of education authority in relation to children and young persons with certain special educational needs.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40661 Examination and assessment of children and young persons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40662 Recording of children and young persons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40663 Appeals against decisions about recorded children or young persons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40664 Provisions supplementary to section 63.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40665 Appeal to sheriff on the placing in a school of a recorded child or young person.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40665A Review by education authority of decision to record and information in Record.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40665B Future provision for recorded children.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40665C Continuance of Record of young persons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40665D Regulations regarding Records.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40665E Application of certain provisions of this Act to recorded children and young persons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40665F Secretary of State may prescribe standards etc. for special schools.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F406 65G Attendance of certain children and young persons with special educational needs at establishments outwith United Kingdom.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Administration and Finance
Central administration
66 Inspection of educational establishments.
1
The Secretary of State shall have power to cause inspection to be made of every F153school at such intervals as appear to him to be appropriate, and to cause a special inspection of any F154school 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 F155(other than a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992), and such inspections shall be made by Her Majesty’s Inspectors or F156any person appointed by the Scottish Ministers for the purposes of this section (or Her Majesty’s Inspectors and any such person).
F1571AA
If requested to do so by the Scottish Ministers—
a
Her Majesty’s Inspectors or any person appointed by the Scottish Ministers for the purposes of this section shall give advice to the Scottish Ministers on such matter as may be specified in the request;
b
Her Majesty’s Inspectors or any such person (or Her Majesty’s Inspectors and any such person) may, as respects a matter so specified, inspect and report on a school (including any establishment in which school education is provided in pursuance of arrangements entered into under section 35 of this Act), or class of schools, so specified.
F1581A
Without prejudice to subsection (1) above, the Scottish Ministers shall have power to cause inspection to be made at any establishment in which school education is provided in pursuance of arrangements entered into under section 35 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6); and such inspections shall be made by Her Majesty’s Inspectors or any person appointed by the Scottish Ministers for the purposes of this section (or Her Majesty’s Inspectors and any such person).
F1591B
Notwithstanding subsection (1) above, the Secretary of State shall have power to cause inspection to be made of the education and training, wherever it is carried out, provided by institutions within the higher education sector (within the meaning of the M9Further and Higher Education (Scotland) Act 1992) wholly or mainly for persons preparing to be, or persons who are, teachers in schools, and such inspections shall be made by Her Majesty’s Inspectors or other persons appointed by the Secretary of State for the purpose.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160
3
If any person F161wilfullyobstructs 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 F162level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
66AF163 Code of practice as regards inspections under section 66
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.
66BF395Duty of Her Majesty’s Inspectors to make reference to Scottish Ministers
1
This section applies where, after an inspection under subsection (1) or (1AA) of section 66 of this Act of—
a
a public school; or
b
a grant-aided school,
Her Majesty’s Inspectors identify that a relevant person requires to take action to secure improvement in a matter relating to the school or the school education provided in it.
2
If it appears to Her Majesty’s Inspectors that—
a
having been given sufficient opportunity to secure improvement in a matter identified under subsection (1) above, the relevant person is failing or has failed to take satisfactory action to do so; and
b
having regard to the seriousness of that failure, an enforcement direction is justified,
they shall make a reference to the Scottish Ministers.
3
A reference under subsection (2) above shall—
a
be in writing;
b
specify the failure mentioned in subsection (2)(a) above; and
c
include recommendations as to the action which, in the opinion of Her Majesty’s Inspectors, the relevant person requires to take to remedy or prevent the recurrence of that failure.
4
Where Her Majesty’s Inspectors make a reference under subsection (2) above, they shall inform the relevant person of the making of that reference.
5
In this section and in sections 66C and 66D of this Act, “relevant person” means—
a
in relation to a public school, the education authority; and
b
in relation to a grant-aided school, the managers of the school.
66CPreliminary notice
1
Where, on a reference under section 66B(2) of this Act, it appears to the Scottish Ministers that—
a
the relevant person is failing or has failed to take satisfactory action to secure improvement in the matter mentioned in section 66B(2)(a) of this Act; and
b
an enforcement direction is justified,
they may serve a preliminary notice on the relevant person.
2
A preliminary notice is a notice which—
a
informs the relevant person of the apparent failure mentioned in subsection (1)(a) above; and
b
requires the relevant person to submit to the Scottish Ministers, within such time as is specified in the notice, a written response which—
i
states that the person has not so failed and gives reasons supporting that statement; or
ii
states that the person has so failed but gives reasons why an enforcement direction should not be given to that person.
66DEnforcement direction
1
Where, following service under section 66C(1) of this Act of a preliminary notice and the expiry of the time specified in it, it still appears to the Scottish Ministers that—
a
the relevant person is failing or has failed to take satisfactory action to secure improvement in the matter mentioned in section 66B(2)(a) of this Act; and
b
having regard to the seriousness of that failure, action under this section is justified,
they may give the relevant person an enforcement direction.
2
An enforcement direction is a direction in writing by the Scottish Ministers requiring the relevant person to whom it is given to take, within such time as is specified in the direction, such action as is so specified, being action calculated to remedy or prevent the recurrence of the failure mentioned in subsection (1)(a) above.
3
Where two or more courses of action are specified in an enforcement direction, the Scottish Ministers may specify for each a different time within which it is to be taken.
4
An enforcement direction may place such conditions as the Scottish Ministers may specify in it upon the carrying out of such functions of the relevant person in relation to the school and the school education provided in it as are so specified.
5
The Scottish Ministers may vary an enforcement direction by giving a further such direction.
6
A further such direction need not proceed upon a further preliminary notice under section 66C(1) of this Act.
7
An enforcement direction may be revoked by the Scottish Ministers.
8
Before giving, varying or revoking an enforcement direction, the Scottish Ministers shall consult Her Majesty’s Inspectors.
9
A relevant person to whom an enforcement direction is given shall comply with it.
10
The Scottish Ministers may, instead of or as well as giving an enforcement direction, make such recommendations to the relevant person as they think appropriate.
11
If the Scottish Ministers exercise their power to give, vary or revoke an enforcement direction they shall—
a
prepare a report on their exercise of that power; and
b
lay that report before the Scottish Parliament.
67 Local inquiries.
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 F164or any other enactment relating to education, and the provisions of Schedule 1 to this Act shall have effect with regard to any such inquiry.
68 Power to require submission to medical examination.
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 F165or other person enrolled at an educational establishment 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 F165or other person himself if he is enrolled at F166another educational establishment, require the parent to submit him, or require the pupil F165or other personto 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 F167level 1 on the standard scale.
69 Approval and carrying out of schemes.
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.
C1870 Powers to enforce duty of education authorities and other persons. C17
F1681
If the Secretary of State is satisfied, either on complaint by any person interested or otherwise, that an education authority, F477... 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, F477... 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.
F1692
Without prejudice to the generality of subsection (1) above, in that subsection the expression “ enactment ” includes—
a
an Act of the Scottish Parliament but only in so far as it is an Act which relates to school education; and
b
an order, regulation, rule or other instrument which has effect by virtue of an Act of the Scottish Parliament but only in so far as it is an instrument which so relates.
Advisory councils
71 Advisory councils.
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, F170 and other educational establishments in the region as to the development of the branch of education for which the council is appointed.
Finance
72 Expenses of Secretary of State.
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 M10Reorganisation 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.
73 Power of Secretary of State to make grants to education authorities and others.
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
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 F174or loansto or in respect of persons
F175i
undertaking; or
ii
who have undertaken
courses of education;
g
providing for any other educational expenditure approved by him.
73ZAF398Administration of certain sums
1
The Scottish Ministers may direct—
a
the Scottish Further and Higher Education Funding Council; or
b
any other body or person,
to administer any sums applied by the Scottish Ministers for a purpose referred to in paragraph (a), (c) or (f) of section 73 of this Act.
2
A body or person to whom a direction is given under subsection (1) above shall administer those sums—
a
in such manner and to such extent; and
b
subject to such conditions,
as the Scottish Ministers may in the direction specify.
3
The reference in subsection (1) above to a purpose referred to in paragraph (a), (c) or (f) of section 73 of this Act is a reference to that purpose only in so far as relating to support for persons—
a
undertaking; or
b
who have undertaken,
courses of education provided by fundable bodies.
4
In subsection (3) above, “fundable bodies” shall be construed in accordance with the Further and Higher Education (Scotland) Act 2005 (asp 6).
73AF176 Transfer or delegation of functions relating to student support.
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 F39973(a), (c) or (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
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.
F40210
The references in subsections (3) and (6)(a)(i) above to regulations under section 73(a) or (c) of this Act are references to those regulations only in so far as relating to support for persons—
a
undertaking; or
b
who have undertaken,
courses of education provided by fundable bodies.
11
In subsection (10) above, “fundable bodies” shall be construed in accordance with the Further and Higher Education (Scotland) Act 2005 (asp 6).
F17773B Regulations relating to student loans.
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 F178undertaking 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 F361
“PAYE
regulations”
;
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 M11Taxes 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 M12Consumer 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 M13Bankruptcy (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, F484 before, on or after the date of his sequestration.
13
Nothing in this section prejudices the generality of section 73(f) of this Act.
F17973C Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.
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 M14Education (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.
F18073D Provision as to maximum amounts of certain allowances.
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 F181. . ..
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 M15Further and Higher Education (Scotland) Act 1992.
73EF182 Supply of information in connection with student loans.
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.
74 Payment of grants to be subject to conditions.
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 F183or 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 F184or 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.
C1975 Examination of accounts.
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.
75AF185 Assisted places at grant-aided and independent schools.
1
F186The Secretary of State shall, subject to subsections (1A) and (1B) below, 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.
F1871A
The Secretary of State shall operate a scheme such as is described in subsection (1) above only in relation to any pupil admitted to an assisted place under such a scheme prior to the beginning of the first term of the 1997-98 school year where the pupil will be in attendance at the school concerned—
a
at the beginning of that term; or
b
after the beginning of that term but before the end of that school year, and where it appears to the Secretary of State that it is reasonable, in view of any particular circumstances relating to that pupil, that he should be permitted to take advantage of that place after the beginning of that term,
and, for the purposes of this section, “ 1997-98 school year ” means the period of twelve months beginning on 1st August 1997.
1B
A pupil holding an assisted place who is receiving primary education during the 1997-98 school year shall cease to hold that place—
a
at the end of the school year in which he completes his primary education; or
b
if the Secretary of State, where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to that pupil, decides that he should continue to hold that place for a further period during which he receives secondary education, at the end of that period.
F1882
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 has determined, prior to the coming into force of this subsection, to be a participating school for the purposes of the scheme.
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.
F1894
The Secretary of State may alter—
a
the maximum annual amount referred to in subsection (3)(a) above; or
b
the conditions referred to in subsection (3)(b) above,
by written notification to the school concerned.
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.
F1906
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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—
F191a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F191b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F192. . . 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.
F1939A
Regulations under this section may—
a
provide for the discharge of any future liabilities of the Secretary of State to make reimbursements of fees by way of lump sum payments; F194. . .
b
provide for the Secretary of State, in a case where a participating school—
i
merges with another school;
ii
closes (whether wholly or in part); or
iii
notifies the Secretary of State that it no longer wishes to provide assisted places,
to authorise the new school or, as the case may be, any other participating school to provide any assisted places which the participating school first mentioned was authorised to provide; and a new school authorised to provide assisted places under regulations made under this section shall be treated for the purposes of this section and section 75B of this Act as if a determination had been made in respect of it under subsection (2) above F195;and
c
provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has, at any time since the beginning of the first term of the 1997-98 school year, held) an assisted place at a school under a scheme operated by virtue of subsection (1) above, to authorise another school which is, or is treated as, a participating school to provide for the pupil under such a scheme the assisted place which the first-mentioned school was authorised to provide.
9B
Without prejudice to his duty to operate a scheme under subsection (1) above in respect of pupils such as are mentioned in subsection (1A) above, the Secretary of State may by regulations make such provision as he considers necessary for or in relation to the ending of the scheme.
9C
Regulations made under this section or section 75B of this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.
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 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.
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 colleges
F19677. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appointment of director of education
F19778 Appointment of director of education.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local administration
79 Education authorities may receive and administer bequests.
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.
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.
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.
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.
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.
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 F496£9.00, 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.
85 Presumption of age.
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.
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 F198. . .;
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
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 F200. . .; or
f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F201
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) F202or (e) above shall, in the absence of evidence to the contrary, be sufficient evidence of the matters therein stated.
Part IV Teachers
Appointment, dismissal, retirement and employment of teachers
87 Appointment of teachers.
The function of appointing teachers for service in public schools and other educational establishments under the management of an education authority shall be in the education authority, and every appointment shall be during the pleasure of the authority.
F474 87A Appointment of principal teachers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47587B Selection of teachers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F203
F47389 Age of retirement of teachers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90 Employment of teachers.
1
The Secretary of State may in regulations under section 2 or 74(1) of this Act prescribe that only registered teachers shall be employed or continue to be employed as teachers by education authorities in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed.
2
It is hereby declared that the power of the Secretary of State to make regulations under section 1(2) of the M16Education (Scotland) Act 1962, as originally enacted, and as re-enacted as section 2 by the M17Education (Scotland) Act 1969 shall be deemed always to have included power on and after 1st November 1965 to prescribe in such regulations that only registered teachers shall be employed or continue to be employed as teachers by education authorities in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed.
3
For the avoidance of doubt, it is hereby declared that the power of the Secretary of State to make regulations under section 76(1) of the said Act of 1962 shall be deemed always to have included power on and after 1st November 1965 to prescribe in such regulations that only registered teachers shall be employed or continue to be employed as teachers by managers of educational establishments in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed.
4
For the avoidance of doubt, it is hereby declared that in the Schools (Scotland) Code 1956, as amended by the Teachers (Education, Training and Registration) (Scotland) Regulations 1967, regulation 4(2) shall be construed as having always applied to teachers in employment on 1st April 1968, as well as to teachers taken into employment after that date.
Pay and conditions of teaching staff employed in providing school education
F20491. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20592. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20693. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F207
Provisions common to the two committees
97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F208
F20997A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21097B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21197C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21297D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V Independent Schools
98 Registration of independent schools.
1
The Secretary of State shall appoint one of his officers to be the Registrar of Independent Schools in Scotland (hereinafter in this Part of this Act referred to as “the Registrar”), and it shall be the duty of the Registrar to keep a register of independent schools, which shall be open to public inspection at all reasonable times, F442...
F4421A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4432
The Registrar shall record in the register—
a
in relation to every application under section 98A(1) of this Act for registration of an independent school, such information as the Scottish Ministers may direct;
b
in relation to any conditions imposed by virtue of this Part of this Act on the carrying on of a registered school, such information (including information relating to any variation and revocation of such conditions) as the Scottish Ministers may direct;
c
every order of an Independent Schools Tribunal or the Scottish Ministers imposing any disqualification under this Part of this Act; and
d
in relation to every registered school, such information relating to particulars prescribed under paragraph (a) of subsection (3) below—
i
furnished by virtue of that paragraph; and
ii
notified by virtue of paragraph (b) of that subsection,
to the Registrar as the Scottish Ministers may direct.
2A
Where an order removing any disqualification under this Part of this Act is made by—
a
the Scottish Ministers; or
b
the sheriff principal,
the Registrar shall remove the order imposing that disqualification from the register.
3
The Secretary of State shall make regulations—
a
prescribing the particulars information as to which is to be furnished to the Registrar by the proprietors of F444registered schools and the manner in which it shall be so furnished;
b
requiring the notification to the Registrar of any changes in such particulars;
F445c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
dealing with such incidental matters as the Secretary of State may deem expedient.
98AF438Application for registration of independent school
1
Any person proposing to carry on an independent school shall apply to the Scottish Ministers for registration of that school.
2
An application for registration shall—
a
be in such form; and
b
include such information,
as the Scottish Ministers may, by regulations, prescribe.
3
The Scottish Ministers may, subject to subsection (4) below, grant an application for registration if they are satisfied that—
a
efficient and suitable instruction will be provided at the school, having regard to the ages and sex of the pupils who shall be attending the school;
b
the welfare of such pupils will be adequately safeguarded and promoted;
c
subject to subsection (5)(a) below—
i
the proprietor of the school is a proper person to be the proprietor of an independent school; and
ii
every proposed teacher in the school is a proper person to be a teacher in any school;
d
subject to subsection (5)(b) below, the proposed school premises are suitable for use as a school; and
e
subject to subsection (5)(c) below, the accommodation to be provided at the school premises is adequate and suitable, having regard to the number, ages and sex of the pupils who shall be attending the school.
4
The Scottish Ministers may, on granting an application for registration, impose such conditions on the carrying on of the registered school as they think fit.
5
The Scottish Ministers shall not be satisfied that—
a
the proprietor of an independent school is a proper person to be the proprietor of such a school or, as the case may be, that a proposed teacher in such a school is a proper person to be a teacher in any school if that proprietor or, as the case may be, proposed teacher—
i
is, by virtue of this Part of this Act, disqualified from being such a proprietor or, as the case may be, such a teacher;
ii
is disqualified from working with children; or
iii
is a prescribed person;
b
proposed school premises are suitable for use as a school if any part of such premises is, by virtue of this Part of this Act, disqualified from being so used; and
c
accommodation to be provided at school premises is adequate and suitable if any such accommodation is, by virtue of this Part of this Act, disqualified from being used as such or from being used as such for pupils of—
i
such number; or
ii
such age or sex,
for which it is proposed it be used.
C306
In this Part of this Act—
“ disqualified from working with children ” shall be construed in accordance with section 17 of the Protection of Children (Scotland) Act 2003 (asp 5);
“ prescribed person ” means—
- a
in relation to a proprietor of an independent school, a person falling within such class of persons as the Scottish Ministers may, by regulations, prescribe; and
- b
in relation to a teacher or proposed teacher in such a school, a person falling within such class of persons as may be so prescribed; and
- a
“ proposed teacher ” means a person that the proprietor of an independent school proposes will, on the registration of that school, be a teacher in it.
98BRefusal of application for registration: disqualifications
1
This section applies where the Scottish Ministers refuse an application for registration on the ground that they are not satisfied that—
a
the proposed school premises are suitable for use as a school;
b
accommodation to be provided at the proposed school premises is adequate and suitable, having regard to the number, ages and sex of the pupils who shall be attending the school;
c
the proprietor of the independent school is a proper person to be the proprietor of such a school; or
d
a proposed teacher in the school is a proper person to be a teacher in any school.
2
Where the Scottish Ministers refuse an application for registration on the ground mentioned in subsection (1)(a) above they may make an order disqualifying the proposed school premises or any part of them from being used as a school.
3
Where the Scottish Ministers refuse an application for registration on the ground mentioned in subsection (1)(b) above they may make an order disqualifying the accommodation from being used as such or from being used as such for pupils—
a
exceeding such number; or
b
of such age or sex,
as they may specify.
4
Where the Scottish Ministers refuse an application for registration on the ground mentioned in subsection (1)(c) above they may make an order disqualifying the proprietor from being the proprietor of an independent school.
5
Where the Scottish Ministers refuse an application for registration on the ground mentioned in subsection (1)(d) above they may make an order disqualifying the proposed teacher from being a teacher in any school.
98CRegistration: notification and appeals
1
The Scottish Ministers shall give notice to the persons mentioned in subsection (2) below of their decision on an application for registration of an independent school.
2
The persons referred to in subsection (1) above are—
a
the proprietor;
b
where the application for registration is refused on the ground that the Scottish Ministers are not satisfied that a proposed teacher in the school is a proper person to be a teacher in any school, that proposed teacher;
c
the Registrar; and
d
any other person or body the Scottish Ministers think fit.
3
Where, under section 98A(3) of this Act, the Scottish Ministers grant an application for registration of an independent school, they shall direct the Registrar to register that school.
4
Where an order is made under section 98B(2), (3) or (4) of this Act, the Scottish Ministers shall, as soon as reasonably practicable after making the order, give notice to—
a
the proprietor;
b
the Registrar; and
c
any other person or body the Scottish Ministers think fit,
of the order.
5
Where an order is made under section 98B(5) of this Act, the Scottish Ministers shall, as soon as reasonably practicable after making the order, give notice to—
a
the proposed teacher to whom the order relates;
b
the Registrar; and
c
any other person or body the Scottish Ministers think fit,
of the order.
6
The proprietor of an independent school may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (1) above, appeal to the sheriff principal—
a
where the application for registration of the school is, under subsection (3) of section 98A of this Act, refused, against that refusal; or
b
where such application is, under that subsection, granted and conditions are, under subsection (4) of that section, imposed on the carrying on of the school, against the imposition of any such condition.
7
Where an order is made under section 98B(2), (3) or (4) of this Act, the proprietor may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (4)(a) above, appeal to the sheriff principal against the order.
8
Where an order is made under section 98B(5) of this Act, the proposed teacher may, before the expiry of the period of 28 days beginning with the day on which that proposed teacher is given notice under subsection (5)(a) above, appeal to the sheriff principal against the order.
98DRemoval from register where school no longer being carried on
1
Where the Scottish Ministers are satisfied that a registered school is no longer being carried on as such, they may make an order directing the Registrar to remove the school from the register.
2
Where an order is made under subsection (1) above, the Scottish Ministers shall, as soon as reasonably practicable after so doing, give notice to—
a
the proprietor;
b
the Registrar; and
c
any other person or body the Scottish Ministers think fit,
of the order.
3
The Registrar may, on the application of the proprietor of a registered school, remove that school from the register.
4
Where, under subsection (3) above, the Registrar removes a school from the register, the Registrar shall give notice to—
a
the proprietor; and
b
any other person or body the Registrar thinks fit,
of that fact.
98EF439Imposition, variation and revocation of conditions
1
The Scottish Ministers may, if they are satisfied that it is necessary to prevent a registered school from becoming objectionable upon any of the grounds mentioned in section 99(1A) of this Act—
a
impose any condition on the carrying on of that registered school; or
b
vary or revoke any such condition imposed by virtue of this Part of this Act,
as they think fit.
2
The Scottish Ministers may, on the application of the proprietor of a registered school, vary or revoke any condition imposed by virtue of this Part of this Act on the carrying on of that school.
3
An application such as is mentioned in subsection (2) above shall—
a
be in writing; and
b
specify the variation or revocation sought together with the reasons for seeking it.
4
Where, under this section, the Scottish Ministers impose, vary, revoke or refuse to vary or revoke a condition on the carrying on of a registered school, they shall, as soon as reasonably practicable after so doing, give notice to—
a
the proprietor;
b
the Registrar; and
c
any other person or body the Scottish Ministers think fit,
of that imposition, variation, revocation or, as the case may be, refusal.
5
The proprietor of a registered school may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (4)(a) above, appeal to the sheriff principal against the imposition, variation or, as the case may be, refusal to vary or revoke.
99 Complaints.
1
1A
The grounds referred to in subsection (1) above are—
a
that efficient and suitable instruction is not being provided at the school, having regard to the ages and sex of the pupils attending thereat;
F213aa
that the welfare of a pupil attending the school is not adequately safeguarded and promoted there;
b
that the school premises or any parts thereof are unsuitable for a school;
c
that the accommodation provided at the school premises is inadequate or unsuitable, having regard to the number, ages and sex of the pupils attending the school;
F450d
that a condition imposed by virtue of this Part of this Act on the carrying on of the school is not being or has not been complied with;
e
that any part of the school premises is, by virtue of this Part of this Act, disqualified from being used as a school;
f
that any accommodation provided at the school premises is, by virtue of this Part of this Act, disqualified from being used as such or is being used as such for pupils of—
i
such number; or
ii
such age or sex,
from which use it is so disqualified;
g
that the proprietor of the school is—
i
by virtue of this Part of this Act, disqualified from being the proprietor of an independent school;
ii
disqualified from working with children;
iii
a prescribed person; or
iv
otherwise not a proper person to be the proprietor of an independent school;
h
that a teacher in the school is—
i
by virtue of this Part of this Act, disqualified from being a teacher in any school;
ii
disqualified from working with children;
iii
a prescribed person; or
iv
otherwise not a proper person to be a teacher in any school; or
j
that the proprietor of the school has not, in relation to particulars prescribed under paragraph (a) of section 98(3) of this Act—
i
furnished information required by virtue of that paragraph; or
ii
notified, by virtue of paragraph (b) of that subsection, a change in such particulars,
to the Registrar.
1B
The Scottish Ministers need not serve a notice of complaint under subsection (1) above where they are satisfied that they urgently require to make an order under section 100(2) of this Act.
1C
A notice of complaint is a notice—
a
stating the ground of the complaint together with the full particulars of the matter complained of; and
b
specifying—
i
the measures which, in the opinion of the Scottish Ministers, are necessary to remedy the matter complained of; and
ii
the period, beginning with the day on which the notice is served, before the expiry of which such measures require to be taken.
2
If it is alleged by any notice of complaint served under this section that any F451teacher in the school is—
a
disqualified as mentioned in sub-paragraph (i) or (ii) of subsection (1A)(h) above;
b
a prescribed person; or
c
otherwise not a proper person to be a teacher in any school,
that F452teacher shall be named in the notice and the particulars contained in the notice shall specify the grounds of the allegation, and a copy of the notice shall be served upon him at the same time as the notice is served.
F4533
The proprietor of a registered school may, before the expiry of the period mentioned in subsection (4) below, appeal to the sheriff principal against a notice of complaint.
4
The period referred to in subsection (3) above is—
a
the period of 28 days beginning with the day on which the notice of complaint is served; or
b
the period specified under subsection (1C)(b)(ii) above,
whichever is the shorter.
100 Determination of complaints.
F4471
This section applies—
a
in a case where—
i
a notice of complaint has been served under section 99(1) of this Act;
ii
no appeal under section 99(3) of this Act has been made or such an appeal has been made and refused;
iii
the period specified in the notice has expired; and
iv
the Scottish Ministers are not satisfied that the proprietor of the school on whom the notice is served has taken satisfactory action to remedy the matter complained of;
b
in a case where—
i
such a notice has been served;
ii
such an appeal has been made but not determined; and
iii
pending such determination, the Scottish Ministers are satisfied that there is a serious risk of harm to a pupil attending the school; or
c
where, by virtue of section 99(1B) of this Act, no such notice has been served.
2
The Scottish Ministers may—
a
make an order directing the Registrar to remove the school from the register;
b
if satisfied that the school premises are or any part of them is unsuitable for use as a school, make an order disqualifying those premises or any part of them from being so used;
c
if satisfied that any accommodation provided at the school premises is inadequate or unsuitable, having regard to the number, ages and sex of the pupils attending the school, make an order disqualifying that accommodation from being used as such or from being used as such for pupils—
i
exceeding such number; or
ii
of such age or sex,
as the Scottish Ministers may specify;
d
make an order—
i
imposing such conditions on the carrying on of the school; or
ii
varying any such conditions imposed by virtue of this Part of this Act,
as the Scottish Ministers think fit; or
e
if satisfied that—
i
the proprietor is not a proper person to be the proprietor of an independent school; or
ii
a teacher in the school is not a proper person to be a teacher in any school,
make an order disqualifying that proprietor from being the proprietor of an independent school or, as the case may be, that teacher from being a teacher in any school.
3
Where the Scottish Ministers make an order under subsection (2) above, they shall, as soon as reasonably practicable after so doing, give notice to—
a
the proprietor;
b
where, under paragraph (e) of that subsection, an order is made disqualifying a teacher, that teacher;
c
the Registrar; and
d
any other person or body the Scottish Ministers think fit,
of the order.
3A
Subject to subsection (3C) below, the proprietor of an independent school may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (3)(a) above, appeal to the sheriff principal against an order under subsection (2) above.
3B
A teacher disqualified by an order under subsection (2)(e) above may, before the expiry of the period of 28 days beginning with the day on which that teacher is given notice under subsection (3)(b) above, appeal to the sheriff principal against the order.
3C
The proprietor of an independent school may not appeal against an order under subsection (2)(e) above disqualifying a teacher from being a teacher in any school.
4
Where by virtue of an order made F448under this Part of this Act any person is disqualified either from being the proprietor of an independent school or from being a teacher in any school, then, unless the order otherwise directs, that person shall, by virtue of the order, be disqualified both from being the proprietor of an independent school and from being a teacher in any school.
101 Enforcement of orders.
F4541
Any person who carries on an independent school which is not registered shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
2
If any person uses
F456a
school premises which are or any part of such premises which is; or
b
any accommodation provided at such premises which is,
disqualified by virtue of any order made under this Part of this Act, that person shall be liable on summary conviction to a fine not exceeding F214level 4 on the standard scale, or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
3
If any person acts as the proprietor of an independent school, F457..., while he is disqualified from so acting F457... by any such order as aforesaid, he shall be liable on summary conviction to a fine not exceeding F214level 4 on the standard scale, or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
F4553A
If any person who is, by virtue of this Part of this Act, disqualified from being a teacher in any school—
a
endeavours to obtain a position as a teacher;
b
accepts such a position; or
c
teaches,
in any school, that person shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
4
For the purposes of the foregoing provisions of this Part of this Act, a person who is F458subject to or deemed to be subject to a direction given under section 142 of the Education Act 2002 (c. 32) shall be deemed to be disqualified from being the proprietor of an independent school or from being a teacher in any school F459... by an order made under this Part of this Act.
102 Removal of disqualifications.
1
If on the application of any person the Secretary of State is satisfied that any disqualification imposed by an order made under F460... this Part of this Act is, by reason of any change of circumstances, no longer necessary, the Secretary of State shall by order remove the disqualification.
F4611A
The Scottish Ministers shall, as soon as reasonably practicable after making a decision under subsection (1) above, give notice to—
a
the applicant;
b
the Registrar; and
c
any other person or body the Scottish Ministers think fit,
of that decision.
2
Any person who is aggrieved by the refusal of the Secretary of State to remove a disqualification so imposed may, F462before the expiry of the period of 28 days beginning with the day on which the applicant is given notice under subsection (1A)(a) above, appeal to the sheriff principal against that refusal.
103F440Appeals under this Part
1
An appeal—
a
made under—
i
section 98C(6) of this Act;
ii
section 98C(7) against an order made under section 98B(2) or (3) of this Act;
iii
section 98E(5) of this Act;
iv
section 99(3) of this Act;
v
section 100(3A) against an order made under section 100(2)(a) to (d) of this Act; or
vi
section 102(2) of this Act against a refusal to remove a disqualification relating to school premises or accommodation provided at such premises,
shall be to the sheriff principal of the sheriffdom in which the school to which the appeal relates is situated; and
b
made under—
i
section 98C(7) against an order made under section 98B(4) of this Act;
ii
section 98C(8) of this Act;
iii
section 100(3A) against an order made under section 100(2)(e) of this Act disqualifying a proprietor;
iv
section 100(3B) of this Act; or
v
section 102(2) of this Act against a refusal to remove a disqualification relating to a proprietor or a teacher,
shall be to the sheriff principal of the sheriffdom in which the appellant resides or, if the appellant resides outwith Scotland, the sheriff principal of Lothian and Borders at Edinburgh.
2
Where the sheriff principal allows an appeal under section 98C(6)(a) of this Act, the sheriff principal—
a
shall make an order directing the Registrar to register the school; and
b
may make an order imposing such conditions on the carrying on of the school as the sheriff principal thinks fit.
3
On an appeal under section 98C(6)(b) or 98E(5) of this Act, the sheriff principal may, whether or not the sheriff principal allows or refuses the appeal, make an order—
a
imposing any condition on the carrying on of the school; or
b
varying or revoking any such condition imposed by virtue of this Part of this Act,
as the sheriff principal thinks fit.
4
On an appeal under section 99(3) of this Act—
a
where the sheriff principal allows the appeal, the sheriff principal shall make an order annulling the notice of complaint; and
b
where the Scottish Ministers have, pending the determination of the appeal, made an order under section 100(2) of this Act, the sheriff principal may make an order—
i
directing the Registrar to register the school;
ii
imposing such conditions on the carrying on of the school as the sheriff principal thinks fit;
iii
varying or revoking such conditions imposed by virtue of this Part of this Act as the sheriff principal thinks fit; or
iv
removing any disqualification imposed under section 100(2)(b), (c) or (e) of this Act.
5
Where, on an appeal under section 100(3A) of this Act—
a
the sheriff principal allows the appeal, the sheriff principal may make an order—
i
directing the Registrar to register the school;
ii
imposing such conditions on the carrying on of the school as the sheriff principal thinks fit;
iii
varying or revoking such conditions imposed by virtue of this Part of this Act as the sheriff principal thinks fit; or
iv
removing any disqualification imposed under section 100(2)(b), (c) or (e) of this Act; or
b
the sheriff principal refuses the appeal, the sheriff principal may make any order—
i
imposing such conditions on the carrying on of the school as the sheriff principal thinks fit; or
ii
varying or revoking such conditions imposed by virtue of this Part of this Act as the sheriff principal thinks fit.
6
Where the sheriff principal allows an appeal under section 98C(7) or (8), 100(3B) or 102(2) of this Act, the sheriff principal shall make an order removing the disqualification.
7
A person to whom an order made by the sheriff principal under subsections (2) to (6) above relates may, before the expiry of the period of 28 days beginning with the day on which the order is made, appeal on point of law only to the Court of Session.
103AF441Proprietor which is body corporate etc.
1
This section applies where the proprietor of an independent school is not an individual.
2
Any power in this Part of this Act, by virtue of which the Scottish Ministers may disqualify the proprietor of an independent school from being the proprietor of such a school, includes power to so disqualify a relevant person.
3
For the purposes of any provision in this Part of this Act relating to the disqualification of the proprietor of an independent school from being the proprietor of such a school, the proprietor shall be so disqualified if a relevant person is so disqualified.
4
Any reference in this Part of this Act to the disqualification of the proprietor of an independent school from working with children shall be construed as a reference to any relevant person’s being so disqualified.
5
Any reference in this Part of this Act to the proprietor of an independent school’s being (or not being) a proper person to be the proprietor of such a school shall be construed as including a reference to any relevant person’s being (or not being) such a proper person.
6
In this section, “relevant person”, in relation to the proprietor of an independent school, means—
a
in the case of such a proprietor which is a body corporate, any person who—
i
is a director, manager or secretary of the body corporate; or
ii
purports to act in any such capacity;
b
in the case of such a proprietor which is a Scottish partnership, any person who—
i
is a partner; or
ii
purports to act in that capacity; and
c
in the case of such a proprietor which is an unincorporated association other than a Scottish partnership, any person who—
i
is concerned in the management or control of the association; or
ii
purports to act in the capacity of a person so concerned.
103BDate of registration or removal from register
1
Where, under section 98A(3) of this Act, the Scottish Ministers grant an application for registration of an independent school, the registration of that school shall, unless the Scottish Ministers otherwise direct, have effect from the beginning of the day on which the proprietor is, under section 98C(1) of this Act, given notice of the grant of the application.
2
Where, under section 103(2)(a), (4)(b)(i) or (5)(a)(i) of this Act, the sheriff principal makes an order directing the Registrar to register an independent school, the registration of that school shall, unless the sheriff principal otherwise directs, have effect from the beginning of the day on which such an order is made.
3
Where, under section 98D(3) of this Act, the Registrar removes a registered school from the register, that removal shall have effect from the beginning of the day following the day on which notice under section 98D(4) of this Act is given.
4
Where, under section 98D(1) or 100(2)(a) of this Act, the Scottish Ministers make an order directing the Registrar to remove an independent school from the register that removal shall, unless the Scottish Ministers otherwise direct, have effect from the beginning of the day following the day on which the order is made.
Part VI Reorganisation of Endowments
104 Register of educational endowments.
1
F215It shall be the duty of the Secretary of State to keep a register of all educational endowments, which shall contain such information as may be prescribed, and shall be open to public inspection at all reasonable times.
2
Except as hereinafter provided, it shall be the duty of the governing body of every educational endowment F216, to furnish the F217Secretary of State with such information about the endowment as may be prescribed by regulations made by the Secretary of State F218in such manner as may be so prescribed.
3
This section shall not apply to a university endowment, to a theological endowment, or to the Carnegie Trust, and regulations made under this section may exempt any endowment or class of endowments from any of the provisions of this section.
105 Schemes for reorganisation of educational endowments.
1
Subject to the provisions of this section, F219an education authority, whether upon an application made to them or not, may, if they think fit, prepare draft schemes for the future government and management of educational endowments, which schemes may provide—
a
for altering the purposes to which such endowments are applied or applicable and the conditions and provisions regarding such application;
b
for the application of the capital or income of such endowments to such educational purposes, mental oor physical, moral or social, as the F220education authority think fit having regard to the public interest and to existing conditions, social and educational: Provided always that the capital of any such endowment shall not be expended except on a purpose to which capital may properly be devoted;
c
for grouping, amalgamating, combining or dividing any such endowments;
d
for altering the constitution of the governing body of any such endowment, or uniting two or more existing governing bodies or establishing new governing bodies with such powers as shall seem necessary, and for incorporating any governing body, whether old or new, and for dissolving any governing body whose endowment is transferred to another governing body; and
e
for altering the powers as to the investment of the funds of any such endowment.
F221Provided that in considering whether to exercise, in relation to any endowment, the power conferred upon them by this subsection an education authority may have regard to whether the exercise of the power would prejudice the proper discharge by them of their functions under this Act apart from this section or their functions as local authority under any enactment.
2
It shall be the duty of the F222education authority in reorganising any endowment in pursuance of the powers conferred by this Part of this Act to have special regard—
a
to the spirit of the intention of the founders as embodied either—
i
in the original deed constituting the endowment where it is still the governing instrument, or
ii
in the scheme approved under any Act, or in any provisional order affecting the endowment;
b
to the interest of the locality to which the endowment belongs;
c
to the possibility of effecting economy in administration by the grouping, amalgamation or combination of any two or more endowments; and
d
to the need for continuing the provision from endowments of competitive bursaries at universities, central institutions, colleges of education or other educational institutions of a similar character.
3
In every scheme which abolishes or modifies any privileges or educational advantages to which a particular class of persons is entitled, whether as inhabitants of a particular area or as belonging to a particular class in life or otherwise, the F222education authority shall have regard to the educational interests of such class of persons:
Provided always that, where the governing instrument of any educational endowment has expressly provided for the education of children belonging to the poorer classes, either generally or within a particular area, or otherwise for their benefit, such endowment for such education or otherwise for their benefit shall continue, so far as requisite, to be applied for the benefit of such children.
4
The powers of the F222education authority under this section shall not extend—
a
to a university endowment, or
b
to the Carnegie Trust, or
c
to a theological endowment, or
d
to a new endowment; F223, or
e
to an endowment which relates in whole or in part to an educational establishment not managed by the education authority who would, but for this paragraph, be empowered under this section to exercise in relation to that endowment the functions conferred by this section, or
f
to an educational endowment having no limitation either as to the area in which any educational establishment to which it relates is situated or as to the area in which any of its beneficiaries are required under its governing instrument to reside or with which they are so required to have some other connection.
F224Provided that tis subsection shall not apply to an endowment which falls within paragraph (e) above solely by reason of the inclusion among its purposes of the award of prizes, bursaries or similar benefits to persons who attend or have attended educational establishments or other institutions not managed by an education authority.
F2254A
The Court of Session shall have power, on the petition of—
a
the governing body of any endowment to which subsection (4) above applies or, in the case of the Carnegie Trust, the Trustees;
b
in relation to an endowment to which paragraph (e) of that subsection applies and which relates only in part to an educational establishment not managed by the education authority referred to in that paragraph, the education authority, in respect of the part of the endowment in relation to which they would, but for the said paragraph (e), be empowered under this section to exercise the functions conferred by this section,
to give effect to draft schemes for the future government and management of the endowment or, as the case may be, the Trust, which schemes may provide for any of the purposes set out in paragraphs (a) to (e) of subsection (1) above and, in exercising the power conferred on it under this subsection, the Court shall have special regard to the matters specified in paragraphs (a) to (d) of subsection (2) above.
4B
Where a petition under subsection (4A) above relates to an endowment to which paragraph (e) of subsection (4) above applies and which relates only in part to an educational establishment not managed by the education authority referred to in that paragraph the Court of Session shall, before making an order under the said subsection (4A)—
a
where the petition was presented by any body referred to in paragraph (a) of the said subsection (4A), cause the petition to be served on the education authority;
b
where the petition was presented by an education authority under paragraph (b) of the said subsection (4A), cause the petition to be served on the governing body of the endowment to which the petition relates.
4C
The governing body of an endowment in relation to which an education authority are empowered under this section to exercise the functions conferred by this section may, if the authority refuse to exercise their power under subsection (1) above in relation to the endowment on the ground that such exercise would prejudice the proper discharge by them of their functions under this Act apart from this section or their functions as local authority under any enactment, present a petition to the Court of Session, and subsections (4A), (4B) and (4D) of this section shall apply to such a petition.
F4694D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F226
6
After 30th June 1976 any reference in a scheme made or approved under Part VI of the Act of 1946 or under Part VI of the Act of 1962 (reorganisation of educational endowments)—
a
to a certificated teacher shall be construed as a reference to a teacher registered under the M18 Teaching Council (Scotland) Act 1965;
b
to a children’s committee shall be construed as a reference to a social work committee established under section 2(1) of the M19 Social Work (Scotland) Act 1968;
c
to the Scottish Counties of Cities Association or to the Association of County Councils in Scotland shall be construed as a reference to the Convention of Scottish Local Authorities.
F2277
In this section, “education authority” means, in relation to an educational endowment, the education authority for the area in which any educational establishment to which the endowment relates is situated or, where the endowment relates to no particular such establishment, the education authority for the area in which the beneficiaries of the endowment are required under its governing instrument to reside or with which they are so required to have some other connection.
106 Sale of land belonging to educational endowments.
1
Where it appears to the F228Court of Session to be desirable that a scheme under this Part of this Act should make provision for the sale of any land forming an endowment or part thereof and for the application of the proceeds of sale in accordance with the provisions of the scheme, but that such provision cannot be made by reason of the third proviso to section 2 of the M20School Sites Act 1841 (which provides that if any land granted in accordance with the provisions of that section ceases to be used for the purposes mentioned in that Act, the land shall revert to the grantor), or by reason of any condition of a similar nature relating to the land in any Act, deed or other instrument, F228the Court may order that the said proviso or condition shall not have effect in relation to the land:
a
that the person to whom the land would revert in accordance with the said proviso or condition cannot after due inquiry be found; or
b
that, if that person can be found, he has consented to relinquish his rights in relation to the land under the said proviso or condition, and that, if he has consented so to do in consideration of the payment of a sum of money to him, adequate provision can be made for the payment to him of that sum out of the proceeds of the sale of the land.
2
A scheme under this Part of this Act relating to any endowment which includes land in respect of which an order has been made under subsection (1) above may make provision for the payment out of the proceeds of the sale of the land of any sum which is payable to any person in consideration of the relinquishment of his rights in relation to the land under the said proviso or condition.
3
For the purposes of this section, any land conveyed under section 2 of the M21School Sites Act 1841, or held under a condition of the nature referred to in subsection (1) above, other than land forming the site or part of the site of an educational establishment under the management of an education authority or of any building ancillary to such an educational establishment, shall be deemed to be an educational endowment or part thereof notwithstanding anything in the third proviso to that section or in the said condition.
107 Educational endowments applicable in part to non-educational purposes.
1
Where an endowment is an educational endowment F231to which the powers conferred by section 105 of this Act extend, and part of it is applicable or applied to other charitable purposes, the scheme shall be in conformity with the provisions of subsections (2) to (6) below (except so far as the governing body of such endowment assent to the scheme departing therefrom).
2
The proportion of the endowment or annual income for the time being derived therefrom which is applicable to such other charitable purposes shall not be diverted by the scheme from such purposes unless in the opinion of the F232education authority having power to exercise, in relation to that endowment, the functions conferred by section 105 of this Act—
i
there are no persons who are entitled to benefit out of such part of the endowment; or
F233ii
the purposes of such part of the endowment have become obsolete or useless.
3
The proportion of the endowment or annual income for the time being so applicable to such other charitable purposes shall be deemed to be the proportion which, in the opinion of the F234education authority, is the proportion which has according to the average of F235the five most recent years for which accounts are available been appropriated as regards capital or applied as regards income to such purposes, or if that proportion differs from the proportion which ought to have been so appropriated or applied according to the express directions of the instrument of foundation or the decree of any competent court or the statutes or regulations governing such endowment, the proportion applicable to such other charitable purposes shall be the proportion which ought, according to the express directions of such instrument, or such decree or such statutes or regulations, to have been appropriate or applied to such other charitable purposes.
4
If the proportion applicable to other charitable purposes amounts to or exceeds one half of the whole of the endowment, the governing body of such endowment existing at the date of the scheme shall, so far as regards its non-educational purposes, remain unaltered by the scheme.
5
Where the governing body remains so unaltered, that body shall pay or apply for educational purposes such proportion as under the former provisions of this section is applicable to those purposes, or such less sum as may be fixed by the F236education authority.
6
When any portion of the endowment or the annual income of such portion has been accumulated and not applied to any purpose, the F236education authority shall determine whether, and in what proportion, such portion or income is to be considered for the purposes of this section as having been appropriated or applied for educational purposes or for other charitable purposes.
7
Subject to the foregoing provisions of this section, the F236education authority shall have power by any scheme to deal with any such endowment, and with the governing body thereof, in the same manner in all respects as if it were an endowment applied wholly to educational purposes.
108 Non-educational endowments.
1
Where the governing body of any endowment (not being an educational endowment) are of opinion that it is expedient that the endowment should be F237reorganised on any of the following grounds, that is to say:—
a
that there are no persons entitled to benefit out of the endowment; or
b
that the purposes of the endowment have failed altogether or have become obsolete or useless or prejudicial to the public welfare, or are otherwise sufficiently provided for, or are insignificant in comparison with the magnitude of the endowment, or are not substantially beneficial to the class of person for whom the endowment was originally intended; or
c
that it is impossible, owing to the inadequacy of the endowment or to the impracticable character of the founder’s intentions, to carry these intentions into effect,
the governing body may F238present a petition to the Court of Session to give effect to a draft scheme for the future government and management of the endowment and thereafter such endowment may be dealt with in all respects as if it were included amongst those specified in section 105(4) of this Act.
C20108AF239 Courts’ power to give effect to reorganisation scheme on petition of Lord Advocate.
Where the Lord Advocate is of opinion on any such ground as is specified in F240section 108 of this Act that a scheme should be F241made for the future government and management of any endowment F242, he may present a petition to the Court of Session for such a scheme, and on any such petition the Court shall have power to F241make a scheme for the future government and management of the endowment and for the application of the capital or income of the endowment to any purposes, as nearly as may be analogous to those contained in the governing instrument, as the Court shall think fit.
109 Provisions regarding interests of individuals.
1
Where at 3rd August 1928, any individual held a vested interest in any office, place, employment, pension, compensation allowance, bursary or emolument under or arising out of an endowment being dealt with in a scheme, F243made under this Part of this Act, the education authority or, as the case may be, the Court shall in such scheme save or make due compensation for the said vested interest.
2
Every interest, right, privilege or preference which any person may acquire or may have acquired since 3rd August 1928, in or relative to any endowment, or in the governing body thereof, or as member of any such governing body, or in or relative to any office, place, employment, pension, compensation allowance, bursary or emolument in the gift of any such governing body, shall be subject to the provisions of any scheme made under this Part of this Act.
110 Provisions as to beneficiaries and teachers.
1
a
b
F247unless in any particular case they consider it inexpedient to do so, provide for extending to both sexes the benefit of the endowment.
2
F248Every scheme for an educational endowment shall make provision for the application in the case of the dismissal of a registered teacher of the provisions of section 88 of this Act, with the substitution of the governing body for the education authority, and with any other necessary modifications.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F249
4
Any such scheme—
F250a
given effect to by the Court of Session; or
b
prepared by an education authority with respect to a school other than one which has been transferred to them under section 16 or provided under section 17(2) of this Act,may contain provision for the removal of any religious test or qualification applicable to teachers.
111 Accounts and audit of educational endowments.
1
It shall be the duty of the governing body of every educational endowment administered under a scheme made by the Court of Session which provides for the audit of the accounts of that endowment F251, or administered under a provisional order made under the Act of 1878, or under a scheme made under the Act of 1882, the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962 or under this Part of this Act, other than any such endowment to which section 106(1) of the M22Local Government (Scotland) Act 1973, applies, to comply with the following provisions of this section.
2
The governing body of every endowment to which this section applies shall keep proper accounts and other records in relation to the functioning of that body, and shall prepare in respect of each financial year a statement of account F251
3
The accounts of every endowment to which this section applies shall be audited each year by an auditor appointed by the governing body F251; F252and no person shall be appointed auditor as aforesaid unless he is eligible for appointment as a F485statutory auditor under Part 42 of the Companies Act 2006.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F253
6
F254The governing body of each endowment to which this section applies shall make the audited accounts of that endowment available for public inspection at all reasonable times.
7
Any provision in a governing instrument referred to in subsection (1) above prescribing the financial year of an endowment shall remain in operation notwithstanding the repeal by the Act of 1962 of section 11(2) of the M23Education (Scotland) Act 1956.
112 Procedure in preparation of reorganisation schemes.
1
Before making a scheme for the reorganisation of any educational endowment F255an education authority shall prepare a draft scheme and shall—
a
send copies of the draft scheme to the governing body of the endowment to which it relates;
F256b
give notice of the draft scheme in accordance with subsection (1A) below and cause it to be published in such other manner, if any, as they think fit; and
c
permit public inspection of the draft scheme at such places and during such times as may be specified in the notice given by them under paragraph (b) above;
and the governing body of that endowment or any other person interested in the scheme may, not later than the expiry of the period of one month from F257the first notice of the draft scheme given by the authority under paragraph (b) above, send in writing to the F258education authority objections to the draft scheme, or proposed amendments thereto, or both.
F2591A
The notice to be given under subsection (1)(b) above—
a
shall be by way of advertisement in a newspaper circulating in the area in which each educational establishment to which the endowment relates is situated or, where the endowment relates to no particular educational establishment, the area in which the beneficiaries of the endowment are required under its governing instrument to reside or with which they are so required to have some other connection;
b
shall state that written objections to and proposed amendments of the scheme may be made in the manner specified in subsection (1) above; and
c
shall state the places and times at which the draft scheme may be examined under subsection (1)(c) above.
1B
The requirement under subsection (1A) above to give notice of the draft scheme by way of newspaper advertisement shall not apply in relation to an educational endowment of less annual value than £500 if, by giving notice in another manner, the education authority incur less expense.
2
If within the period referred to in subsection (1) above no objection and no proposed amendment to the draft scheme is received by F260them, the education authority may, by resolution of the authority authorising their proper officer to sign the scheme on their behalf, make the scheme in the terms of the draft scheme F261of which notice has been given under subsection (1) above F262and on doing so shall notify the date of commencement of the scheme to the governing body of the endowment.
3
If within the said period objections or proposed amendments to the draft scheme are received by F263them, the education authority shall consider those objections and proposed amendments F264, shall, if any of them were sent by any of the persons mentioned in subsection (7) below, hold a public local inquiry into such of them as are not withdrawn and may thereafter, if F265they think fit, F266by resolution of the authority authorising their proper officer to sign the scheme on their behalf, make the scheme in such form as F265they think expedient.
F2673A
3B
The person appointed by the education authority to hold a public local inquiry under subsection (3) above shall not be a member or officer of the authority or a member or employee of the governing body of the endowment to which the scheme relates.
3C
Without prejudice to their duty to hold a public local inquiry in the circumstances mentioned in subsection (3) above, an education authority may, if they consider it appropriate, hold a public local inquiry into any matter to which they may properly address themselves in the exercise of their functions under this Part of this Act.
4
If F269an education authority make a scheme under subsection (3) above, F270they shall as soon as practicable thereafter—
a
b
send copies of the scheme to the governing body of the endowment to which it relates;
F272c
cause notice of the scheme to be given in accordance with subsection (1A)(a) and (c) above, containing a statement that, unless not later than the expiry of the period of one month from the first such notice a petition or appeal is presented to the Court of Session in accordance with the following provisions of this section, the scheme will come into operation on such date as the notice may specify, being not less than one month after the date of the first such notice.
F2735
If no petition or appeal is presented to the Court of Session in accordance with the following provisions of this section, the scheme shall come into operation on the date specified in the notice under subsection (4)(c) above.
5A
If a petition or appeal is presented to the Court of Session in accordance with the following provisions of this section and is refused by the Court, the Court shall make such order as it thinks fit as respects the commencement of the scheme.
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F274
F2757
If within the period of one month from the date of the notice given under subsection (4) above a petition or appeal is presented to the Court of Session by any of the persons mentioned below, the scheme referred to in that notice shall thereby be suspended and the Court may amend the scheme and make it as so amended or may make a new scheme and for those purposes the Court—
a
shall have the like powers as are conferred by this Part of this Act on an education authority regarding schemes for the future government and management of educational endowments, and
b
may make such orders as it thinks fit as respects notification and commencement of the amended or new scheme.
The persons referred to above are—
i
the governing body of the endowment to which the scheme relates,
ii
the council of any district directly affected by the scheme,
iii
any education authority directly affected by the scheme,
iv
any ratepayers (not being less than twenty) of any district or place directly affected by the scheme,
v
any person having a vested interest in the said endowment or any part of it.
8
If within the said period an appeal is presented to the Court of Session by—
a
the governing body of the endowment to which the scheme refers, or any other person directly affected by the scheme, on the ground that the scheme is not within the scope of, or is not made in conformity with, this Part of this Act, or
b
any person holding any office, place or employment, or receiving any pension, compensation, allowance, bursary or emolument, under or arising out of the endowment to which the scheme relates, on the ground that the scheme does not comply with the provisions of this Part of this Act as to saving or making due compensation for his vested interests,
and the Court of Session decides that the scheme is contrary to law on any of the grounds mentioned in paragraphs (a) and (b) above, the F276education authority shall rescind their decision to make the scheme but may, if they think fit, make an amended scheme in such form as they think expedient, and the provisions of subsections (4) to (7) above, and of this subsection, shall apply in relation to an amended scheme F277made under this subsection as they apply to a scheme F277made under subsection (3) above.
9
Where F278an education authority cause a draft scheme or a scheme to be F279publicised under this section, F280they shall cause to be prefixed to that draft scheme or scheme a memorandum setting out—
a
the reasons why, in F280their view, the reorganisation of the endowment to which the draft scheme or scheme relates is necessary;
b
the respects in which the draft scheme or scheme involves any substantial alteration of the purposes to which the said endowment is applied or applicable; and
c
the reasons for any such alteration;
and for the purposes of the provisions of this section relating to publication, that memorandum shall be deemed to be part of the draft scheme or scheme, as the case may be.
113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F281
114 Effect of schemes.
1
Any scheme made or F282given effect to under the foregoing provisions of this Part of this Act shall F283 have effect in the same manner as if it had been enacted in this Act, and accordingly, from the F284date of commencement of the scheme, any enactment, letters patent, deed, instrument, trust or direction relating to the subject-matter of the scheme, so far as inconsistent with the provisions thereof, shall cease to have effect.
2
F285An instrument containing or giving effect to a scheme, under this Part of this Act shall F286, from the date of commencement of the scheme, be conclusive evidence that that scheme is within the scope of, and was made in conformity with, this Act, and the validity of the scheme shall not F287, from the said date, be questioned in any legal proceedings whatever.
F2883
Each of the powers to make schemes conferred by this Part of this Act implies power exercisable in the same manner and subject to the same conditions or limitations to revoke, amend or re-enact any scheme made under that power.
115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F289
117 Cost of publishing scheme, etc.
118F292 Information by governing bodies.
Every governing body of an endowment to which section 105 of this Act extends shall give such information to the education authority having power under that section to prepare a scheme for the future government and management of the endowment as the authority may from time to time require.
118AF293 Income plans under schemes.
1
Any provision of a scheme referred to in subsection (2) below which (however expressed) empowers or requires the governing body of the endowment to which the scheme relates—
a
to prepare and submit for the approval of the Secretary of State a plan, a revised plan or an amendment of a plan for the exercise by the governing body of their functions in relation to the application of the income of the endowment; or
b
to give effect to such a plan or amendment as approved by the Secretary of State,
shall be of no effect.
2
This section applies to any scheme made or approved under the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962, or this Part of this Act.
119 Quorum of governing body.
The majority of members of a governing body who are present at a meeting of their body duly constituted shall have power to do anything that may be required to be done by a governing body for the purposes of this Part of this Act:
Provided that this power shall be in addition to and not in restraint of any power which any meeting of such governing body may have independently of this Part of this Act.
120 Provision for default of governing body.
F2941
If the governing body of any educational endowment F295to which section 105 of this Act does not extend fail to give effect to the provisions of any provisional order or of any scheme made or approved under the Act of 1882, the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962 or this Part of this Act F296prior to the commencement of section 15 of the M25Education (Scotland) Act 1981, it shall be lawful for the Secretary of State, after such inquiry as he shall think proper, to send a requisition to such governing body, requiring them to give effect to the provisions of the provisional order or scheme, and the governing body shall comply with the said requisition within such time as may be specified in the requisition, and, if they fail, may be summarily compelled to do so by the Court of Session, on the application of the Lord Advocate.
F2972
In relation to any educational endowment to which section 105 of this Act extends, subsection (1) above shall apply—
a
with the omission of the words “to which section 105 of this Act does not extend” and the words “prior to the commencement of section 15 of the M26Education (Scotland) Act 1981”; and
b
with the substitution for the words “Secretary of State after such inquiry as he” of the words “education authority having power under section 105 of this Act to prepare a draft scheme for the future government and management of the endowment, after such inquiry as they”.
121 Judgment of Court of Session final.
In any proceeding before the Court of Session authorised by this Part of this Act—
a
the judgment or deliverance of the Court F298other than one giving effect under section 105(4) of this Act to a draft scheme for the future government and management of an endowment or the Carnegie Trust shall be final and not subject to review; and
122 Interpretation of Part VI.
1
In this Part of this Act, unless the context otherwise requires—
“the Act of 1878” means the Endowed Institutions (Scotland) Act 1878;
“Carnegie Trust” means the property vested in the Carnegie Trustees for the Universities of Scotland;
F470“charitable purposes” has the same meaning as in the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);
“educational endowment” means any endowment which has been applied or is applicable in whole or in part, whether by the declared intention of the founder, or by the consent of the governing body, or in pursuance of any scheme approved under any Act or of any provisional order or by custom or otherwise, to educational purposes;
“educational purposes” includes—
- i
payments towards the cost of professional training and apprenticeship fees,
- ii
the provision of maintenance, clothing and other benefits, and
- iii
the payment of grants for travel;
- i
“endowment” means any property, heritable or moveable, dedicated to charitable purposes, but shall not, except with the consent of the governing body, include the funds, whether capital or revenue, of any incorporation or society contributed or paid by the members of such incorporation or society by way of entry moneys or other fixed or stated payments, nor burgess or guildry fines paid to any such incorporation or society, nor funds bequeathed or given to any such incorporation or society for the benefit solely of members or widows or families of members of such incorporation or society;
“governing body” means the managers, governors or trustees of any endowment or other person having the administration of the revenue thereof;
“governing instrument” means, with regard to any endowment, the scheme approved under any Act or any provisional order F301or made under section 17 of the Local Government etc. (Scotland) Act 1994, in accordance with which the endowment is governed and managed or, where there is no such scheme or provisional order, the deed constituting the endowment;
“provisional order” means provisional order confirmed by Act of Parliament and provisional order made under the Act of 1878;
“theological endowment” means an endowment solely or mainly applicable or applied for the purposes of theological instruction or belonging to any theological institution;
“university endowment” means an endowment vested in, or administered by, or in the gift of any of the universities of Scotland or any of the colleges of such universities.
2
An educational endowment shall be deemed to be a “new endowment” until the expiry of twenty years from the date when the deed creating the endowment comes into operation, so, however, that where part of an endowment has been given at one time and another part has been given at a later time and the two portions cannot in the opinion of the F302Court of Session be conveniently separated from each other, the date of the older part of the endowment shall be held to be the date of the endowment.
3
Any reference in this Act to the endowment to which a scheme under this Part of this Act relates shall, in the case of a scheme relating to more than one endowment, be construed as a reference to every endowment, or (as the context may require) to any endowment, to which the scheme relates.
F4714
This Part, apart from section 104, does not apply in relation to any endowment the governing body of which is a charity within the meaning of section 106 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).
Part VII Miscellaneous Provisions
Employment
123 Work experience in last year of compulsory schooling.
1
Subject to subsection (2) below, the enactments relating to the prohibition or regulation of the employment of children shall not apply to the employment of a child F303to whom this subsection applies where the employment is in pursuance of arrangements made or approved by the education authority F390... with a view to providing him with work experience as part of his education.
2
Subsection (1) above shall not be taken to permit the employment of any person in any way contrary to—
a
an enactment which in terms applies to persons of less than, or not over, a specified age expressed as a number of years; or
3
No arrangements shall be made under subsection (1) above for a child to be employed in any way which would be contrary to an enactment prohibiting or regulating the employment of young persons if he were a young person (within the meaning of that enactment) and not a child; and where a child is employed in pursuance of arrangements so made, then so much of any enactment as regulates the employment of young persons (whether by excluding them from any description of work, or prescribing the conditions under which they may be permitted to do it, or otherwise howsoever) and would apply in relation to him if he were of an age to be treated as a young person for the purposes of that enactment shall apply in relation to him, in and in respect of the employment arranged for him, in all respects as if he were of an age to be so treated.
F3054
subsection (1) above applies to a child undergoing compulsory education during the period between 1st May in the calendar year before the calendar year in which he attains the upper limit of school age and the end of the latter year.
124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F306
125 Adaptation of enactments relating to employment of children and young persons.
For the purpose of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not for the purposes of this Act over school age shall be deemed to be a child within the meaning of that enactment.
F308 Children and young persons in accommodation
Crossheading inserted (1.11.1995) by 1995 c. 36, s. 35 (with ss. 90, 103(1)); S.I. 1995/2787, art. 3, Sch.
125AF307 Welfare of children and young persons in accommodation provided for purposes of school attendance.
Where, for the purposes of his being in attendance at a school, a child or young person is provided with residential accommodation, in a place in or outwith that school, by—
a
an education authority F391... or the managers of a grant-aided or independent school; or
b
by any other person in pursuance of arrangements made by any such authority F392... or managers,
the authority F392... or managers in question shall have the duty to safeguard and promote the welfare of the child or young person while he is so accommodated; and the powers of inspection exercisable by virtue of section 66(1) of this Act shall include the power to inspect the place to determine whether his welfare is adequately safeguarded and promoted there.
Careers services of education authorities
F309126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F310127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F311128 Control of education authorities by Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Examinations Board
F312129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Savings and exceptions
130 Saving as to persons in the service of the Crown.
No power or duty conferred or imposed by this Act on the Secretary of State, on education authorities, on parents or on young persons shall be construed as relating to any child or young person who is employed by or under the Crown in any service or capacity with respect to which the Secretary of State certifies that, by reason of the arrangements made for the education of children and young persons employed therein, the exercise and performance of those powers and duties with respect to such children and young persons is unnecessary.
131 Saving as to persons suffering from mental disorder and persons detained by order.
1
Unless the context otherwise requires, no power or duty conferred or imposed by this Act on the Secretary of State, on education authorities or on parents or young persons shall be construed as relating to any person to whom this section applies:
Provided that nothing in this section shall prevent an education authority from providing or securing the provision of education for any such person if he is in their opinion capable of deriving benefit therefrom.
2
The persons to whom this section applies are—
a
any person who is detained in pursuance of an order made by any court F403(other than an order so made under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)) or of an order of recall made by the Secretary of State;
b
any child subject to a supervision requirement requiring him to reside in a residential establishment where education is provided.
131AF313 Consent of child to medical procedures
1
Nothing in this Act shall prejudice any capacity of a child enjoyed by virtue of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991 (c.50) (capacity of child with sufficient understanding to consent to surgical, medical or dental procedure or treatment); and without prejudice to that generality, where under or by virtue of this Act a child is required to submit, or to be submitted, to any medical or dental examination, inspection or treatment but the child has the capacity mentioned in the said section 2(4), the examination, inspection or treatment shall only be carried out if the child consents.
2
In subsection (1) above, without prejudice to the generality of the expression in question, “medical examination” includes an examination under section 58 of this Act and “medical treatment” includes cleansing under that section.
General
132 Amendment of enactments.
1
F314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Any reference in an enactment passed before 2nd July 1945 to a school in receipt of a parliamentary grant shall, unless the context otherwise requires, be construed as a reference to a school other than an independent school.
133 Regulations, etc.
1
Any power conferred by this Act on the Secretary of State to make regulations shall be exercisable by statutory instrument.
2
F4872ZA
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.
F316 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.
F4642C
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.
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;
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 that authority or person or to such educational establishment under the management of that authority 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 that authority 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 or other person on whose application the original direction was given.
134 Notices.
1
Subject to the provisions of this section, any notice required or authorised by this Act to be served or given to any person may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it to him by post.
2
For the purposes of this section and of section 7 of the M28Interpretation Act 1978 (service by post) in its application to this section, the proper address of a person on or to whom any such notice as aforesaid is to be served or given shall, in the case of an education authority, be the address of any office of that authority and, in any other case, be the last known address of the person on or to whom the notice is to be served or given.
3
Any notice which, in accordance with the provisions of subsection (1) above, is left for a person at his proper address shall, unless the contrary is proved, be presumed to have been received by him on the day on which it was left there.
135 Interpretation.
C211
In this Act, unless the context otherwise requires,—
F430 “additional support needs” and references to any child or young person having such needs shall be construed in accordance with section 1(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4);
“the M29Act of 1882” means the Educational Endowments (Scotland) Act 1882;
“the M30Act of 1918” means the Education (Scotland) Act 1918;
“the Acts of 1928 to 1935” means the Educational Endowments (Scotland) Acts 1928 to 1935;
“the Act of 1937” means the M31Children and Young Persons (Scotland) Act 1937;
“the M32Act of 1946” means the Education (Scotland) Act 1946;
“the M33Act of 1962” means the Education (Scotland) Act 1962;
“attendance order” has the meaning assigned to it by section 38 of this Act;
F393...
“central institution” means an educational establishment for the provision of further education recognised as a central institution by regulations made by the Secretary of State;
“child” means a person who is not
over school age;
“clothing” includes boots and other footwear;
F317. . .
“dental examination” means examination by a registered dentist, so however that in conducting an examination of any such class as may be prescribed, such dentist may be assisted by other persons having such special qualifications or experience as may be prescribed;
“dental inspection” and “dental supervision” mean, respectively, inspection and supervision by a registered dentist;
“dental treatment” includes prevention and treatment of dental diseases by or (so far as permitted by law) under the direction of any registered dentist, and the supply of appliances on the recommendation of such dentist, but does not, in relation to any pupil other than a pupil receiving school education elsewhere than at a school under arrangements made by an education authority under section 14 of this Act, include treatment in that pupil’s home;
F466 “disqualified from working with children” has the meaning given by section 98A(6) of this Act;
“education authority” means a F318council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and “area” in relation to an education authority shall be construed accordingly;
“educational establishment”—
- i
means a school F319 and any F320 institution for the provision of any form of further education and the premises of such school, F319 or institution, and
- ii
without prejudice to the foregoing generality, includes F321a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992, a central institution, F322. . . a hostel used mainly by pupils attending such schools F319 or institutions, and a residential institution conducted under a scheme under the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962 or Part VI of this Act, but
- iii
does not include a university, a theological college, a hostel or other residence used exclusively by students attending a university or a theological college, or a club or other centre conducted by a voluntary society or body for the purpose of providing facilities for social, cultural or recreative activities or for physical education or training unless the society or body are in receipt of a grant from the Secretary of State or of a contribution from an education authority or have obtained the consent of the Secretary of State to the club or centre being treated in all respects as an educational establishment;
- i
“employment” includes employment in any labour exercised by way of trade or for purposes of gain whether the gain be to the child or to the young person or to any other person, and a person who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour; and “employ” shall be construed accordingly;
“employer” includes a parent who employs his children;
“enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act;
F396 “enforcement direction” means a direction under section 66D(1) of this Act;
“functions” includes powers and duties;
“further education” includes the forms of instruction, occupation and teaching described in section 1(5)(b) of this Act;
“grant-aided school” means a school in respect of which grants are made by the Secretary of State to the managers of the school other than F323(a) grants in aid of the employers’ contributions provided for in Teachers (Superannuation) Regulations, F324and (b) sums paid under a scheme under section 75A of this Act, or by virtue of section 75B of this Act, but does not include a public school F393F325... or a technology academy (within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989);
“Health Board” means a Health Board constituted under section 2 of the M34National Health Service (Scotland) Act 1978;
“independent school” means a school at which full-time education is provided for F465... pupils of school age (whether or not such education is also provided for pupils under or over that age), not being a public school F394or a grant-aided school;
“Her Majesty’s inspectors” means the inspectors of schools appointed by Her Majesty F326. . .;
F327“managers”, in relation to an educational establishment, means the governing body, trustees, or other person or body of persons responsible for the management of the establishment but does not include an education authority;
“medical examination” means examination by a registered medical practitioner: Provided that in conducting an examination of any such class as may be prescribed, such practitioner may be assisted by other persons having such special qualifications or experience as may be prescribed;
“medical inspection” and “medical supervision” mean, respectively, inspection and supervision by or under the directions of a registered medical practitioner;
“medical treatment” includes prevention and treatment of diseases by any registered medical practitioner, and the supply of appliances on the recommendation of such practitioner, but does not, in relation to any pupil other than a pupil receiving school education elsewhere than at school under arrangements made by an education authority under section 14 of this Act, include treatment in that pupil’s home;
“nursery school” and “nursery class” have the respective meanings assigned to them by section 1(5)(a)(i) of this Act;
“officers” includes servants;
“parent” includes guardian and any person who is liable to maintain or has F328parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to, or has care of a child or young person;
F329 “placing request” has the meaning assigned to it by section 28A(1) of this Act;
F397 “preliminary notice” means a notice under section 66C(1) of this Act;
“premises” in relation to any educational establishment includes the site of such establishment, any building in which pupils attending such establishments are boarded whether managed by the managers of such establishment or by any other person by arrangement with such managers, and any playing fields used in connection with such establishment whether contiguous to or detached therefrom;
“prescribed” means prescribed by the Secretary of State;
“proprietor” in relation to an independent school means the managers of such school, and for the purposes of the provisions of this Act relating to applications for the registration of independent schools includes any person or body of persons proposing to be the managers;
F468...
F431...
“public school” means any school under the management of an education authority;
“pupil”, where used without qualification, means a person of any age for whom education is or is required to be provided under this Act; and a pupil shall be deemed to be attending or in attendance at a school if he is shown by the register of admission and withdrawal kept at the school in accordance with regulations made under this Act, or by any other register approved by the Secretary of State and kept for a similar purpose, to have been admitted to, but not to have been withdrawn from, or to have been readmitted to, and not thereafter to have been withdrawn from, the school; and similar expressions, whether relating to schools or to other educational establishments, shall be similarly interpreted;
F431...
“registered school” means an independent school F467which is registered in the register of independent schools F468...;
“registered teacher” means a teacher registered under the M35Teaching Council (Scotland) Act 1965;
F330. . .
F331 “residential establishment” has the meaning given by paragraph (a) of the definition of that expression in section 93(1) of the Children (Scotland) Act 1995;
“school” means an institution for the provision of primary or secondary education or both primary and secondary education being a public school, a grant-aided school F393... or an independent school, and includes a nursery school and a special school; and the expression “school” where used without qualification includes any such school or all such schools as the context may require F332;
“school age” shall be construed in accordance with section 31 of this Act;
F476...
“school education” has the meaning assigned to it by section 1(5)(a) of this Act;
F393...
F431...
F333F334 “special school” F432has the meaning given in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)
F329 “specified school” has the meaning assigned to it by section 28A(1) and (2) of this Act;
F335 “supervision requirement” has the meaning given by section 70(1) of the said Act of 1995;
“teachers’ superannuation regulations” means regulations made under section 9 of the M36Superannuation Act 1972;
“young person” means a person over school age who has not attained the age of eighteen years.
2
Any reference in any enactment or other instrument (including this Act and, unless the contrary intention appears, any enactment or other instrument passed or made after the commencement of this Act) to—
a
primary education shall be construed as a reference to school education of a kind F336(i) which is appropriate in the ordinary case to the requirements of pupils who have not attained the age of twelve years; F337; and (ii) which is, in the case of a pupil F433having additional support needs, within the provision made for the purpose of meeting F434those needs until he is transferred to the stage of secondary education;
b
secondary education shall be construed as a reference to school education of a kind F338(i) which is appropriate in the ordinary case to the requirements of pupils who have attained that age; F339; and (ii) which is, in the case of a pupil F435having additional support needs, within the provision made for the purpose of meeting F436those needs until he ceases to be of school age or to receive school education, whichever is the later.
and any reference in any such enactment or other instrument as aforesaid to primary or secondary schools or departments or classes shall be construed accordingly.
136 Transitional and savings provisions, amendments and repeals.
1
The transitional and savings provisions set out in Schedule 3 to this Act shall have effect.
X22
The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the consolidation under this Act.
X23
The enactments set out in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
137 Short title, commencement and extent.
1
This Act may be cited as the Education (Scotland) Act 1980.
2
Subject to subsections (3) and (4) below, this Act shall come into force on the expiry of the period of one month beginning with the date on which it is passed.
P13
The provisions of this Act set out in Schedule 6 shall, to the extent there specified, come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
P24
Subsections (5) to (7) of section 23 of this Act shall come into force on such date as the Secretary of State may by order appoint.
5
Any order under subsection (4) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions, or of any other provision mentioned in that subsection then in force, as appear to him to be necessary or expedient for the purpose or in consequence of the operation of any such provision before the coming into force of any other such provision.
5
This Act extends to Scotland only.
SCHEDULES
F345SCHEDULE A1 Appeal Committees
Sch. A1 inserted by Education (Scotland) Act 1981 (c. 58), s. 1(2), Sch. 1
1
An appeal committee set up under section 28D(1) of this Act shall be constituted in accordance with this Schedule.
2
An appeal committee shall consist of 3, 5 or 7 members nominated by the authority from among persons appointed by the authority under this Schedule; and sufficient persons may be appointed to enable 2 or more appeal committees to sit at the same time.
3
The persons appointed shall comprise—
a
members of the authority or of F340any committee appointed by the authority whose purposes include advising the authority on any matter relating to the discharge of any of their functions as education authority or discharging any of those functions on behalf of such authority; and
b
persons who are not members of the authority or of F341any such committee but are—
i
parents of children of school age;
ii
persons who in the opinion of the authority have experience in education; or
iii
persons who in the opinion of the authority are acquainted with the educational conditions in the area of the authority;
but shall not include any person employed by the authority F342in an administrative or advisory capacity as respects the discharge of their education functions..
4
The members of an appeal committee who are members of the authority or of F343any committee such as is mentioned in paragraph 3 above shall not outnumber the other members of the appeal committee by more than one.
5
A person who is a member of F344any committee such as is mentioned in paragraph 3 above shall not be chairman of an appeal committee.
6
A person shall not be a member of an appeal committee for the consideration of a reference of a decision if he was among those who made the decision or took part in or was present at discussions as to whether the decision should be made.
7
A person who is—
a
a teacher at a relevant school (within the meaning of paragraph 8 below);
b
a pupil at such a spepchool;
c
a parent of a pupil at such a school; or
d
a member of a F478Parent Council or Combined Parent Council having functions in relation to such a school
shall not be a member of an appeal committee for consideration of a reference involving a question whether a child is to be placed in the specifiec school or excluded from the relevant school.
8
For the purposes of paragraph 7 above, “relevant school” means in relation to a reference to the appeal committee—
a
the school which the child to whom the placing request relates attends;
b
the specified school;
c
the school which the education authority propose that the child to whom the placing request relates should attend;
d
a school from which pupils are normally transferred to the school referred to in sub-paragraph (b) or (c) above; or
e
the school from which the pupil has been excluded.
9
An appeal committee constituted in accordance with this Schedule shall be included in the bodies to which sections 45(4) and 46 of the M37Local Government (Scotland) Act 1973 (allowances) apply.
F405 SCHEDULE A2 Application of Certain Provisions of this Act to Recorded Children and Young Persons
Sch. A2 repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(14); S.S.I. 2005/564, art. 2
F4051
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4052
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4053
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4054
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4055
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4056
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 1 Local Inquiries
1
The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.
2
The person appointed shall notify the bodies and persons appearing to him to be interested of the time when and the place where the inquiry is to be held.
3
The person appointed may by notice in writing require any person—
a
to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry; or
b
to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the person appointed may think fit and as the person so required is able to furnish:
Provided that—
- i
no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides unless the necessary expenses are paid or tendered to him; and
- ii
nothing in this paragraph shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.
4
The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person supported by a declaration of the truth thereof in such form as the person appointed may require.
5
The inquiry shall unless the Secretary of State otherwise directs be held in public.
6
Any person who refuses or wilfully neglects to attend in obedience to a notice issued under paragraph 3 above, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required to produce by any such notice, or who refuses or wilfully neglects to comply with any requirement of the person appointed to hold the inquiry under paragraph 3 above, shall be liable on summary conviction to a fine not exceeding £20 or to imprisonment for a period not exceeding three months.
7
The Secretary of State may make orders as to the expenses incurred by the parties appearing at the inquiry and as to the parties by whom such expenses shall be paid.
8
Any order by the Secretary of State under paragraph 7 above requiring any party to pay expenses may be enforced in like manner as F346an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
F347SCHEDULE 1A. . .
Sch. 1A repealed (1.12.1997) by 1997 c. 59, ss. 5(2)(b), 6(3), Sch. Pt. II (with s. 1(3)); S.I. 1997/2774, art. 2.
1
The proprietors or managers of a participating school may request the Secretary of State to revoke the determination by giving him three years written notice or such shorter notice as he may in any particular case accept.
2
On the expiry of the period of notice referred to in paragraph 1 above the Secretary of State shall revoke the determination.
3
Subject to paragraph 4 below, the Secretary of State may revoke a determination in respect of a school by giving three years written notice to the proprietors or managers of the school.
C224
1
If the Secretary of State—
a
is not satisfied that appropriate educational standards are being maintained at a participating school; or
b
is satisfied that any condition applying to the school by virtue of a determination or regulations made under section 75A or 75B of this Act has been contravened, or that any obligation applying to the school by virtue of such regulations has not been complied with,
he may at any time revoke the determination by written notice to the proprietors or managers of the school.
2
A notice of revocation of a determination given under this paragraph may provide that it shall be treated as of no effect if the proprietors or managers of the school satisfy the Secretary of State within such time as may be specified in the notice that they have complied with any condition specified therein.
5
A notice of revocation of a determination given under paragraph 3 or 4 above shall contain a statement of the reasons for which it is given.
6
Revocation of a determination shall not affect the operation of—
a
the determination;
b
the scheme in relation to which the determination was made; or
c
any regulations made under section 75A or 75B of this Act,
in relation to any pupil holding an assisted place at the school on the date of the revocation.
F348SCHEDULE 1B
Sch. 1B repealed (23.3.2001) by 2000 asp 6, s. 55; S.S.I. 2001/102, art. 2
Procedure
1
The committee may, from time to time—
a
appoint from among its own members, a sub-committee—
i
to discharge such of the functions of the committee as the committee may specify; or
ii
to advise the committee on any matter relating to the discharge of the functions of the committee:
Provided that any person so appointed shall, upon ceasing to be a member of the committee, cease also to be a member of the sub-committee;
b
appoint a chairman from among its own members and revoke the appointment of his predecessor, if any;
c
subject to the provisions of this Act, make, vary or revoke standing orders—
i
regulating the quorum, procedure and place of meeting of the committee or of any of its sub-committees; or
ii
regulating the manner in which any dispute relating to procedure, or the interpretation of standing orders made under this sub-paragraph or the following paragraph, is to be resolved;
but subject to any such standing orders and to the provisions of this Act the quorum, procedure and place of meeting of the committee or of any of its sub-committees shall be such as the committee, or in respect of itself the sub-committee, may determine.
2
Subject to any standing orders made under paragraph 1(c) above by the committee, a sub-committee appointed under paragraph 1(a) above may from time to time do anything in respect of itself that the committee may, under paragraph 1(b) or (c)(i) above, do in respect of the committee; but the power which the committee has under paragraph 1(c) above to vary or revoke standing orders shall include the power to vary or revoke standing orders made by any of its sub-committees.
General powers
3
Subject to the provisions of this Act, the committee or any of its sub-committees shall have power to do anything (whether or not involving the expenditure or borrowing of money) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.
4
Without prejudice to the generality of paragraph 3 above, the powers conferred by that paragraph shall, in relation to the committee, include the power to—
a
employ servants or agents;
b
acquire or dispose of any property or rights;
c
sell, at such price as the committee may consider appropriate, to any person or body anything published, under the provisions of sections 91 to 97D of this Act, by the committee;
Provided that nothing in this sub-paragraph shall authorise any charge to be made in respect of any copy the transmission of which is required under the said provisions; and
d
make provision for the resolution of any dispute between teaching staff and their employers as to the meaning or application of—
i
any settlement which the committee may formulate; or
ii
any award which under section 97B(8) or (9) of this Act has the same effect as such a settlement,
and shall, in relation to any sub-committee of the committee, include the powers mentioned in sub-paragraph (d) of this paragraph.
Recovery of expenditure
5
Expenditure incurred by the committee shall be recoverable so far as possible from income received by the committee in the exercise of the power specified in paragraph 4(c) of this Schedule.
6
In so far as such expenditure is not defrayed from income received as aforesaid, it shall be recoverable in such manner and in such proportions as the committee may determine from the bodies, other than the Secretary of State, which nominated the persons who are for the time being the members of the committee.
F437SCHEDULE 2 Constitution of Independent Schools Tribunals
Sch. 2 repealed (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 2; S.S.I. 2005/10, art. 3(d) (with art. 3(2))
F4371
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F4372
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4373
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4374
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4375
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SCHEDULE 3 Transitional and Savings Provisions
General
1
Where any document refers expressly or by implication to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.
2
Any reference in any provision of this Act (whether expressed or implied) to a thing done or falling to be done under a provision of this Act shall, in so far as the context permits, be construed as including, in relation to times, circumstances and purposes in relation to which a corresponding provision of an enactment repealed by this Act had effect, a reference to a thing done or falling to be done under that corresponding provision.
Children Requiring Special Education
3
4
Any decision, made under the Act of 1962 before the commencement of the said Act of 1969 by an education authority to the effect that a child requires special educational treatment, which is in force at such commencement, shall continue in force and be deemed to be a decision under section 62 of this Act (duly notified to the parents of a child under F350subsection (2) of that section) to record the child.
Savings
5
The repeal by the said Act of 1969 of sections 84 and 87 of the Act of 1962 shall not affect the payment after the commencement of this Act of any pension, gratuity or retiring allowance which was payable by virtue of paragraph 11 of Schedule 4 to the said Act of 1969 immediately before the commencement of this Act.
6
The repeal by the said Act of 1969 of section 94 of the Act of 1962 shall not affect the application of that section to any part of the annual revenue of any scheme, being a part to which that section applied immediately before the commencement of the said Act of 1969.
X3SCHEDULE 4 Amendment of Enactments
The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F351
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F352
The Factories Act 1961 (c. 34)
3
In section 176(1) (interpretation), in the definition of “child” for the word “1962” there shall be substituted the word “1980”.
The Public Expenditure and Receipts Act 1968 (c. 14)
4
In Schedule 3 (variation of fees), in paragraph 1(b) for the words “1962 (c. 47) section 99(1)” there shall be substituted the words “1980 (c. 44) section 84(1)”.
The Social Work (Scotland) Act 1968 (c. 49)
5
In section 94(1) (interpretation), in the definition of “school age” for the words “32 of the Education (Scotland) Act 1962” there shall be substituted the words “31 of the Education (Scotland) Act 1980”.
The Sex Discrimination Act 1975 (c. 65)
6
In section 22 (discrimination by bodies in charge of educational establishments), in paragraph 7 of the Table for the words “75(c) or (d) of the Education (Scotland) Act 1962” there shall be substituted the words “73(c) or (d) of the Education (Scotland) Act 1980”.
7
In section 23(2) (other discrimination by education authorities), for the words “Acts 1939 to 1980” there shall be substituted the words “Act 1980”.
8
In section 25 (general duty in public sector of education)—
a
in subsection (3) for the words “71 of the Education (Scotland) Act 1962” and “said section 71” there shall be substituted respectively the words “70 of the Education (Scotland) Act 1980” and “said section 70”;
b
in subsection (5) for the words “68 of the Education (Scotland) Act 1962” there shall be substituted the words “67 of the Education (Scotland) Act 1980.”.
9
In section 79 (educational endowments to which Part VI of the Education (Scotland) Act 1962 applies)—
a
for any reference to Part VI of the Act of 1962 there shall be substituted a reference to Part VI of this Act.
b
in subsections (1)(b) and (4) for the references to sections 121(1) and 68 of the Act of 1962 there shall be substituted respectively references to sections 108(1) and 67 of this Act.
10
In section 81(3)(b) (orders), for the words “128 of the Education (Scotland) Act 1962” there shall be substituted the words “115 of the Education (Scotland) Act 1980”.
11
In section 82(1) (interpretation), in the definition of “education authority”, “educational establishment”, “further education”, “independent school”, “managers”, “proprietor”, “school” and “school education” for the respective references to subsections (16), (17), (21), (23), (26), (37), (42) and (43A) of section 145 of the Education (Scotland) Act 1962 there shall be substituted references to section 135(1) of the Education (Scotland) Act 1980.
The Race Relations Act 1976 (c. 74)
12
In section 17 (discrimination by bodies in charge of educational establishments), in paragraph 7 of the Table for the words “75(c) or (d) of the Education (Scotland) Act 1962” there shall be substituted the words “73(c) or (d) of the Education (Scotland) Act 1980.”.
13
In section 18(2) (discrimination by education authorities), for the words “Acts 1939 to 1980” there shall be substituted the words “Act 1980”.
F35314
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15
In section 78(1) (interpretation), in the definitions of “education authority”, “educational establishment”, “further education”, “independent school”, “managers”, “proprietor”, “school” and “school education” for the respective references to subsections (16), (17), (21), (23), (26), (37), (42) and (43A) of section 145 of the Education (Scotland) Act 1962 there shall be substituted references to section 135(1) of the Education (Scotland) Act 1980.
The National Health Service (Scotland) Act 1978 (c. 29)
16
In section 15(1)(f) (supply of goods and services to local authorities etc.), for the words “5 of the Education (Scotland) Act 1962” there shall be substituted the words “1(5)(c) of the Education (Scotland) Act 1980”.
17
In section 39(5) (medical and dental health inspection, supervision and treatment of pupils and young persons), for “1962” there shall be substituted “1980”.
18
In section 108(1) in the definitions of “education authority” and “full-time education in a school” for “1962” there shall be substituted “1980”.
19
In paragraph 10(b) of Schedule 15 (saving of amendments), for “154” there shall be substituted “155”.
X4Schedule 5 Enactments Repealed
The text of Sch. 5 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
Chapter | Short title | Extent of repeal |
|---|---|---|
10 & 11 Eliz. 2. c. 47. | The Education (Scotland) Act 1962. | The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136. |
1963 c. 21. | The Education (Scotland) Act 1963. | The whole Act. |
1964 c. 16. | The Industrial Training Act 1964. | Section 16. |
1964 c. 82. | The Education Act 1964. | Section 5. |
1967 c. 36. | The Remuneration of Teachers (Scotland) Act 1967. | The whole Act. |
1967 c. 80. | The Criminal Justice Act 1967. | Part I of Schedule 3 so far as relating to amendments of the Education (Scotland) Act 1962. |
1968 c. 49. | The Social Work (Scotland) Act 1968. | Schedule 8 so far as relating to the Education (Scotland) Act 1962. |
1969 c. 49. | The Education (Scotland) Act 1969. | The whole Act. |
1970 c. 44. | The Chronically Sick and Disabled Persons Act 1970. | Sections 25 to 27. |
1971 c. 42. | The Education (Scotland) Act 1971. | The whole Act. |
1972 c. 11. | The Superannuation Act 1972. | In Schedule 6, paragraph 42. |
1973 c. 23. | The Education (Work Experience) Act 1973. | The whole Act. |
1973 c. 50. | The Employment and Training Act 1973. | Sections 8, 9 and 10. |
1973 c. 59. | The Education (Scotland) Act 1973. | The whole Act. |
1973 c. 65. | The Local Government (Scotland) Act 1973. | Section 129. |
Schedule 11. | ||
1975 c. 65. | The Sex Discrimination Act 1975. | Section 79(6). |
1975 c. 71. | The Employment Protection Act 1975. | In Schedule 16, in Part IV, paragraphs 9 and 12. |
1976 c. 20. | The Education (Scotland) Act 1976. | The whole Act. |
1976 c. 65. | The Retirement of Teachers (Scotland) Act 1976. | The whole Act. |
1977 c. 45. | The Criminal Law Act 1977. | Schedule 6 so far as relating to the Education (Scotland) Act 1962. |
1978 c. 29. | The National Health Service (Scotland) Act 1978. | In Schedule 15, in paragraph 10(b) the words “126, 127”. |
In Schedule 16, paragraphs 15 to 18. | ||
1980 c. 20. | The Education Act 1980. | Section 20. |
Section 23. | ||
Section 25. | ||
Section 31(5)-(6). | ||
Section 33(2). | ||
Sections 35, 37 and 38. |
SCHEDULE 6 Postponement of The Commencement of Certain Provisions
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F354
F35516
Section 127(3) and (4).
Act applied (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 36(3) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch.1