Education (Scotland) Act 1980
Part I Provision of Education by Education Authorities
School education and further education
1 Duty of education authorities to secure provision of education.
2 Secretary of State may prescribe standards, etc., for education authorities.
2ZALearning hours
2A Assessment of secondary school pupils.
3 Fees not to be charged in public schools, etc: exceptions.
4 Duty of education authorities to provide child guidance service.
5 School education and further education
6 Social activities, physical education, etc.
7 Provision of educational facilities to be in accordance with schemes.
8 Religious instruction.
9 Conscience clause.
10 Safeguards for religious beliefs.
11 Provision of books, materials and special clothing free of charge.
12 Library service.
13 Provision of hotels.
14 Education for children unable to attend school etc.
14ZA Meaning of pupil in sections 12 to 14.
14A Education in social work establishments.
Transference of schools to education authorities
15 Transference of endowed schools to education authorities.
16 Transference of denominational schools to education authorities.
Provision, maintenance and equipment of schools and other buildings
17 Provision, maintenance and equipment of schools and other buildings.
18 Improvements as to premises of educational establishments for the safety of pupils.
19 Power of Secretary of State to prescribe standards for premises, etc., of educational establishments.
19A Secretary of State’s power to control use of dangerous materials or apparatus in educational establishments.
20 Acquisition of land and execution of works.
Management of denominational schools
21 Management of denominational schools.
Discontinuance and moves of educationalestablishments
22 Discontinuance and moves of educational establishments.
Consultation on, and consent for, changes in certain educational matters
22A Consultation on certain changes in educational matters.
22B Consent for certain changes in educational matters.
22C Consent for certain changes affecting denominational schools.
22D Further provisions relating to denominational schools.
Co-operation between education authorities and others
23 Provision by education authority for education of pupils belonging to areas of other authorities.
24 Power of education authorities to make payments to persons providing education, etc.
Promotion of educational developments
25 Educational research.
26 Educational conferences.
27 Provision of museums by education authorities.
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.
28A Duty to comply with parents’ requests as to schools.
28B Information as to placing in schools and other matters.
28C Reference to appeal committee of refusal of placing request.
28D Appeal committees.
28E Appeal committees: supplementary provisions.
28F Appeal to sheriff from appeal committee.
28G Application of sections 28A to 28F and Schedule A1 to young persons.
28H Reference to appeal committee, and appeal therefrom of decision to exclude pupil.
Information as to schools and pupils
28IInformation as to schools.
28JRequirement to provide information as to school education.
28K Information as to pupils.
28LUse of electronic communications
29 Rights and duties of Parents and functions of Education Authorities in relation to Individual Pupils
Duty of parents to provide education for their children
30 Duty of parents to provide education for their children.
31 School age.
32 Dates for commencement of school attendance.
33 School leaving dates.
34 Exemption from school attendance.
Failure of parents to provide education for their children
35 Failure by parent to secure regular attendance by his child at a public school.
36 Power of education authority in relation to irregular attendance of child at a public school.
37 Power of education authority where not satisfied that parent is providing efficient education for his child.
Attendance orders
38 Making of attendance orders.
39 Amendment and revocation of attendance orders.
40 Period of operation of attendance orders.
41 Failure to comply with attendance order.
Reasonable Excuses
42 Reasonable excuses.
Prosecutions
43 Prosecutions and penalties.
44 Powers of Courts in relation to child.
45—48 Rights and duties of Parents and functions of Education Authorities in relation to Individual Pupils
Corporal Punishment
48A Rights and duties of Parents and functions of Education Authorities in relation to Individual Pupils
Provision to assist pupils to take advantage of educational facilities
49 Power of education authorities to assist persons to take advantage of educational facilities.
50 Education of pupils in exceptional circumstances.
50ASections 49 and 50: matter to which education authority must have regard
51 Provision of transport and other facilities.
52 Recovery of cost of board and lodging.
Provision of food and clothing
53 Provision of school meals
53APromotion of school lunches
53BProtection of identity of pupils receiving free school lunches
54 Provision of clothing for pupils at public schools.
55 Provision of food and clothing for pupils at schools other than public schools.
56 Condition of provision of clothing by education authorities.
Food and drink: nutritional requirements
56AFood and drink: nutritional requirements
56BRegulations under section 56A: further provision
56CGuidance
56DApplication of sections 56A to 56C to grant-aided schools
Food and drink: guidance about sustainable development
56EFood and drink: guidance about sustainable development
Health and cleanliness of pupils
57 Medical and dental examination and inspection.
58 Power to ensure cleanliness.
Children requiring special education
59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60 Functions of education authority in relation to children and young persons with certain special educational needs.
61 Examination and assessment of children and young persons.
62 Recording of children and young persons.
63 Appeals against decisions about recorded children or young persons.
64 Provisions supplementary to section 63.
65 Appeal to sheriff on the placing in a school of a recorded child or young person.
65A Review by education authority of decision to record and information in Record.
65B Future provision for recorded children.
65C Continuance of Record of young persons.
65D Regulations regarding Records.
65E Application of certain provisions of this Act to recorded children and young persons.
65F Secretary of State may prescribe standards etc. for special schools.
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.
66A Code of practice as regards inspections under section 66
66BDuty of Her Majesty’s Inspectors to make reference to Scottish Ministers
66CPreliminary notice
66DEnforcement direction
67 Local inquiries.
68 Power to require submission to medical examination.
69 Approval and carrying out of schemes.
70 Powers to enforce duty of education authorities and other persons.
Advisory councils
71 Advisory councils.
Finance
72 Expenses of Secretary of State.
73 Power of Secretary of State to make grants to education authorities and others.
73ZAAdministration of certain sums
73A Transfer or delegation of functions relating to student support.
73B Regulations relating to student loans.
73C Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.
73D Provision as to maximum amounts of certain allowances.
73E Supply of information in connection with student loans.
74 Payment of grants to be subject to conditions.
75 Examination of accounts.
75A Assisted places at grant-aided and independent schools.
75B Incidental expenses of and provision for pupils holding assisted places.
76 Industrial scholarships.
Grant-aided colleges
77 Power of Secretary of State to make regulations with respect to certain institutions providing further education.
Appointment of director of education
78 Appointment of director of education.
Local administration
79 Education authorities may receive and administer bequests.
80 Funds for behalf of public schools etc., to be transferred to education authorities.
81 Trust funds to be kept separate.
82 Reports by education authorities.
83 Returns by registrars of births, deaths, and marriages to education authorities.
84 Certificates of birth.
85 Presumption of age.
86 Admissibility of documents.
Part IV Teachers
Appointment, dismissal, retirement and employment of teachers
87 Appointment of teachers.
87A Appointment of principal teachers.
87B Selection of teachers.
88 Appointment, dismissal, retirement and employment of teachers
89 Age of retirement of teachers.
90 Employment of teachers.
90AHead teachers: education and training standards
Pay and conditions of teaching staff employed in providing school education
91 Committee to consider pay and conditions of teaching staff employed in providing school education.
92 Composition of committee established under section 91.
93 Publication of settlements and awards in relation to teaching staff employed in providing school education.
94—96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provisions common to the two committees
97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
97A Effect of settlement.
97B Provision for arbitration.
97C Interpretation of sections 91 to 97B.
97D Remuneration of teaching staff: transitional provisions.
Part V Independent Schools
98 Registration of independent schools.
98AApplication for registration of independent school
98BRefusal of application for registration: disqualifications
98CRegistration: notification and appeals
98DRemoval from register where school no longer being carried on
98EImposition, variation and revocation of conditions
99 Complaints.
100 Determination of complaints.
101 Enforcement of orders.
102 Removal of disqualifications.
103Appeals under this Part
103AProprietor which is body corporate etc.
103BDate of registration or removal from register
Part VI Reorganisation of Endowments
104 Register of educational endowments.
105 Schemes for reorganisation of educational endowments.
106 Sale of land belonging to educational endowments.
107 Educational endowments applicable in part to non-educational purposes.
108 Non-educational endowments.
108A Courts’ power to give effect to reorganisation scheme on petition of Lord Advocate.
109 Provisions regarding interests of individuals.
110 Provisions as to beneficiaries and teachers.
111 Accounts and audit of educational endowments.
112 Procedure in preparation of reorganisation schemes.
113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
114 Effect of schemes.
115, 116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
117 Cost of publishing scheme, etc.
118 Information by governing bodies.
118A Income plans under schemes.
119 Quorum of governing body.
120 Provision for default of governing body.
121 Judgment of Court of Session final.
122 Interpretation of Part VI.
Part VII Miscellaneous Provisions
Employment
123 Work experience in last year of compulsory schooling.
124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
125 Adaptation of enactments relating to employment of children and young persons.
Children and young persons in accommodation
125A Welfare of children and young persons in accommodation provided for purposes of school attendance.
Careers services of education authorities
126 Provision of services by education authorities.
127 Records of vocational advice.
128 Control of education authorities by Secretary of State.
Examinations Board
129 Establishment of Board to conduct examinations, etc.
Savings and exceptions
130 Saving as to persons in the service of the Crown.
131 Saving as to persons suffering from mental disorder and persons detained by order.
131A Consent of child to medical procedures
General
132 Amendment of enactments.
133 Regulations, etc.
134 Notices.
135 Interpretation.
136 Transitional and savings provisions, amendments and repeals.
137 Short title, commencement and extent.
SCHEDULES
SCHEDULE A1 Appeal Committees
1An appeal committee set up under section 28D(1) of this...
2An appeal committee shall consist of 3, 5 or 7...
3The persons appointed shall comprise— (a) members of the authority...
4The members of an appeal committee who are members of...
5A person who is a member of any committee such...
6A person shall not be a member of an appeal...
7A person who is— (a) a teacher at a relevant...
8For the purposes of paragraph 7 above, “ relevant school...
9An appeal committee constituted in accordance with this Schedule shall...
SCHEDULE A2 Application of Certain Provisions of this Act to Recorded Children and Young Persons
1 Application of Certain Provisions of this Act to Recorded Children and Young Persons
2 Application of Certain Provisions of this Act to Recorded Children and Young Persons
3 Application of Certain Provisions of this Act to Recorded Children and Young Persons
4 Application of Certain Provisions of this Act to Recorded Children and Young Persons
5 Application of Certain Provisions of this Act to Recorded Children and Young Persons
6 Application of Certain Provisions of this Act to Recorded Children and Young Persons
SCHEDULE 1 Local Inquiries
1The Secretary of State shall appoint a person to hold...
2The person appointed shall notify the bodies and persons appearing...
3The person appointed may by notice in writing require any...
4The person appointed to hold the inquiry may administer oaths...
5The inquiry shall unless the Secretary of State otherwise directs...
6Any person who refuses or wilfully neglects to attend in...
7The Secretary of State may make orders as to the...
8Any order by the Secretary of State under paragraph 7...
SCHEDULE 1A Revocation of Determinations for the Purposes of the Assisted Places Scheme
1The proprietors or managers of a participating school may request...
2On the expiry of the period of notice referred to...
3Subject to paragraph 4 below, the Secretary of State may...
4(1) If the Secretary of State— (a) is not satisfied...
5A notice of revocation of a determination given under paragraph...
6Revocation of a determination shall not affect the operation of—...
SCHEDULE 1B
Procedure
1The committee may, from time to time—
2Subject to any standing orders made under paragraph 1(c) above...
General powers
3Subject to the provisions of this Act, the committee or...
4Without prejudice to the generality of paragraph 3 above, the...
Recovery of expenditure
5Expenditure incurred by the committee shall be recoverable so far...
6In so far as such expenditure is not defrayed from...
SCHEDULE 2 Constitution of Independent Schools Tribunals
1 Constitution of Independent Schools Tribunals
2 Constitution of Independent Schools Tribunals
3 Constitution of Independent Schools Tribunals
4 Constitution of Independent Schools Tribunals
5 Constitution of Independent Schools Tribunals
SCHEDULE 3 Transitional and Savings Provisions
General
1Where any document refers expressly or by implication to an...
2Any reference in any provision of this Act (whether expressed...
Children Requiring Special Education
3Any reference in any enactment or other instrument passed or...
4Any decision, made under the Act of 1962 before the...
Savings
5The repeal by the said Act of 1969 of sections...
6The repeal by the said Act of 1969 of section...
SCHEDULE 4 Amendment of Enactments
1. . . . . . . . . ....
2. . . . . . . . . ....
The Factories Act 1961 (c. 34)
3In section 176(1) (interpretation), in the definition of “child” for...
The Public Expenditure and Receipts Act 1968 (c. 14)
4In Schedule 3 (variation of fees), in paragraph 1(b) for...
The Social Work (Scotland) Act 1968 (c. 49)
5In section 94(1) (interpretation), in the definition of “school age”...
The Sex Discrimination Act 1975 (c. 65)
6In section 22 (discrimination by bodies in charge of educational...
7In section 23(2) (other discrimination by education authorities), for the...
8In section 25 (general duty in public sector of education)—...
9In section 79 (educational endowments to which Part VI of...
10In section 81(3)(b) (orders), for the words “128 of the...
11In section 82(1) (interpretation), in the definition of “education authority”,...
The Race Relations Act 1976 (c. 74)
12In section 17 (discrimination by bodies in charge of educational...
13In section 18(2) (discrimination by education authorities), for the words...
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15In section 78(1) (interpretation), in the definitions of “education authority”,...
The National Health Service (Scotland) Act 1978 (c. 29)
16In section 15(1)(f) (supply of goods and services to local...
17In section 39(5) (medical and dental health inspection, supervision and...
18In section 108(1) in the definitions of “education authority” and...
19In paragraph 10(b) of Schedule 15 (saving of amendments), for...
Schedule 5 Enactments Repealed
SCHEDULE 6 Postponement of The Commencement of Certain Provisions
1—15. . . . . . . . . ....
16Section 127(3) and (4).

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Education (Scotland) Act 1980

1980 CHAPTER 44

An Act to consolidate certain enactments relating to education in Scotland with amendments to give effect to recommendations of the Scottish Law Commission.