Education (Scotland) Act 1980

Provision, maintenance and equipment of schools and other buildings S

17 Provision, maintenance and equipment of schools and other buildings. S

(1) [F1 Subject to subsection (6) below,][i]t shall be the duty of an education authority [F2 , in the performance of their functions under sections 1 to 6 of this Act,] to provide for their area,. . . F3 sufficient accommodation in public schools (whether day schools or boarding schools),. . . F4 and other educational establishments under their management to enable them to [F5 perform their said functions].

[F6 (2) 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) [F7 Subject to subsection (6) below,][a]n education authority shall maintain and keep efficient every public school,. . . F4 and other educational establishment under their management, and shall from time to time provide such additional accommodation as may be necessary to [F8 enable 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,. . . F4 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).

[F9 (6) 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.]

Textual Amendments

F1 Words in s. 17(1) inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 7(3)(a); S.I. 1992/817, art. 3(2), Sch.4

F2 Words inserted with saving by Education (Scotland) Act 1981 (c. 58), s. 8(1)(b)(i)(3)

F3 Words repealed with saving by Education (Scotland) Act 1981 (c. 58), s. 8(1)(b)(i)(3), Sch. 9

F4 Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

F5 Words substituted with saving by Education (Scotland) Act 1981 (c. 58), s. 8(1)(b)(i)(3), Sch. 8

F6 S. 17(2) substituted by Education (Scotland) Act 1981 (c. 58), s. 7(1), Sch. 8

F7 Words in s. 17(3) inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 7(3)(a); S.I. 1992/817, art. 3(2), Sch.4

F8 Words substituted with saving by Education (Scotland) Act 1981 (c. 58), s. 8(1)(b)(ii)(3), Sch. 8

F9 S. 17(6) inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 7(3)(b); S.I. 1992/817, art. 3(2), Sch. 4

18 Improvements as to premises of educational establishments for the safety of pupils. S

(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.

[F10 (5) 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.]

Textual Amendments

F10 S. 18(5) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 80

19 Power of Secretary of State to prescribe standards for premises, etc., of educational establishments. S

(1) The Secretary of State may make regulations prescribing standards and F11 . . . requirements which are to apply to the premises and equipment of educational establishments under the management of education authorities [F12 or to the premises and equipment of self-governing schools], 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

[F13 (a) 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 establishment][F14 ;

(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 [F14 , or as the case may be of the self-governing school,] 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 [F15 , or of any self-governing school,] do not conform to the standards or requirements applicable to that establishment [F16 or school] or are not maintained as mentioned in subsection (2) above, the Secretary of State may, after consultation with the authority [F17 or as the case may be with the board of management], 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 [F18 that authority or board] to comply with the direction.

Textual Amendments

F11 Word in s. 19(1) repealed (18.9.1996) by 1996 c. 43, s. 36, Sch. 6; S.I. 1996/2250, art. 2.

F12 Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(6)(a)

F13 Words from “of an education authority” to “that establishment” have become paragraph (a) of s. 19(2) by virtue of Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(6)(b)(i)

F14 Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(6)(b)(ii)

F15 Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(6)(c)(i)

F16 Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(6)(c)(ii)

F17 Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(6)(c)(iii)

F18 Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(6)(c)(iv)

[F19 19A Secretary of State’s power to control use of dangerous materials or apparatus in educational establishments. S

(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.]

Textual Amendments

F19 S. 19A inserted by Education (Amendment) (Scotland) Act 1984 (c. 6, SIF 41:2), s. 1

20 Acquisition of land and execution of works. S

(1) In order to enable them to execute any of their functions, an education authority may F20 . . . from time to time—

(a) acquire, whether by way of purchase, feu, 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.

F21 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 M1 Acquisition 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.

Textual Amendments

F20 Words in s. 20(1) repealed (18.9.1996) by 1996 c. 43, s. 36, Sch. 6; S.I. 1996/2250, art. 2.

F21 S. 20(2)(3) repealed (18.9.1996) by 1996 c. 43, s. 36, Sch. 6; S.I. 1996/2250, art. 2.

Marginal Citations

M1 1947 c. 42.