- Latest available (Revised)
- Point in Time (13/10/2000)
- Original (As enacted)
Version Superseded: 04/03/2002
Point in time view as at 13/10/2000.
Education (Scotland) Act 1980, Cross Heading: Central administration is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Secretary of State shall have power to cause inspection to be made of every [F1school] at such intervals as appear to him to be appropriate, and to cause a special inspection of any [F2school] 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 [F3(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 [F4any person appointed by the Scottish Ministers for the purposes of this section (or Her Majesty’s Inspectors and any such person)].
[F5(1AA)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.]
[F6(1A)Without prejudice to subsection (1) above, the Secretary of State shall have power to cause inspection to be made at premises where education is provided or proposed to be provided by a person to whom the Secretary of State has power to make a grant in pursuance of section 23 of the Education (Scotland) Act 1996, and such inspections shall be made by Her Majesty’s Inspectors or other persons appointed by the Secretary of State for the purpose.]
[F7(1B)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 M1Further 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(3)If any person [F9wilfully] obstructs 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 [F10level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
Textual Amendments
F1Word substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(14)(a)
F2Word substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(14)(b)
F3Words in s. 66(1) inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 7(5); S.I. 1992/817, art. 3(2), Sch. 4
F4Words in s. 66(1) substituted (13.10.2000) by 2000 asp 6, s. 11(a); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F5S. 66(1AA) inserted (13.10.2000) by 2000 asp 6, s. 11(b); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F6S. 66(1A) inserted (18.9.1996) by 1996 c. 43, s. 36, Sch. 5 para. 3; S.I. 1996/2250, art. 2.
F7S. 66(1B) inserted (1.10.1998) by 1998 c. 30, s. 21 (with s. 42(8)); S.I. 1998/2215, art. 2.
F8Ss. 5, 28(2), 59, 66(2), 111(4)(5), 129(5)(6), 132(1), Sch. 2 paras. 1, 3 repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9
F9Word in s. 66(3) inserted (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 3(7); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F10Words in s. 66(3) substituted (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III.
Marginal Citations
(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.]
Textual Amendments
F11S. 66A inserted (13.10.2000) by 2000 asp 6, s. 12; S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
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 [F12or any other enactment relating to education], and the provisions of Schedule 1 to this Act shall have effect with regard to any such inquiry.
Textual Amendments
F12Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 10 para. 8(15)
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 [F13or 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 [F13or other person] himself if he is enrolled at [F14another] educational establishment, require the parent to submit him, or require the pupil [F13or other person]to 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 [F15level 1 on the standard scale].
Textual Amendments
F13Words in s. 68 inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 7(6)(a)(b); S.I. 1992/817, art. 3(2), Sch. 4
F14Word substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 10 para. 8(16)
F15Words in s. 68 substituted (11.4.1983) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)
(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.
[F16(1)]If the Secretary of State is satisfied, either on complaint by any person interested or otherwise, that an education authority, [F17a School Board,] 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, [F17a School Board,] 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.
[F18(2)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.]
Textual Amendments
F16S. 70 renumbered as s. 70(1) (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 3(8); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F17Words inserted by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 6
F18S. 70(2) added (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 3(8); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
Modifications etc. (not altering text)
C1S. 70 applied by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s.7(8)
C2S. 70: functions transferred (temp. 20.5.1999 to 1.7.1999) by S.I. 1999/901, art. 5, Sch. ; S.I. 1998/3178, art. 3
s. 70: functions transferred (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1; S.I. 1998/3178, art. 3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: