Education (Scotland) Act 1980

Section 136(1).

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1 Where any document refers expressly or by implication to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of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in relation to times, circumstances and purposes in relation to which a corresponding provision of an enactment repealed by this Act had effect, a reference to a thing done or falling to be done under that corresponding provision.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 Any reference in any enactment or other instrument passed or made before the commencement of the Education (Scotland) Act 1969 to special educational treatment shall be construed as a reference to special education.

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 paragraph (i) of subsection (1) of that section) to the effect that the child requires special education:

Provided that section 64 of this Act shall not (except in so far as it relates to a determination under section 63 of this Act) apply in relation to a decision deemed by virtue of this paragraph to be a decision under section 62 of this Act.

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.