1 Duty of education authorities to secure provision of education.S
(1)Subject to [F1subsections [F2(1A)] and (2A)] below, it shall be the duty of every education authority to secure that there is made for their area adequate and efficient provision of school education and further education.
[F3(1A)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.]
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(2A)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.
[F8(4A)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 ([F10such 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;
F11(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)the teaching of Gaelic in Gaelic-speaking areas;
(b)further education includes—
(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
(ii)voluntary part-time and full-time courses of instruction for persons over school age;
(iii)social, cultural and recreative activities and physical education and training, either as [F13voluntary organised activities designed to promote the educational development of persons taking part therein or as] part of a course of instruction F7. . .;
(iv)the teaching of Gaelic in Gaelic-speaking areas;
F14(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 1(1) substituted (1.4.1993) by Further and Higher Education Act (Scotland) Act 1992 (c. 37), s. 2(a) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch. 4
F2Word in s. 1(1) substituted (4.3.2002) by 2000 asp 6, s. 32(2); S.S.I. 2002/72, art. 2(1)(a)
F3S. 1(1A)-(1C) inserted (4.3.2002) by 2000 asp 6, s. 32(3); S.S.I. 2002/72, art. 2(1)(a)
F4S. 1(2) repealed (4.3.2002) by 2000 asp 6, s. 32(4); S.S.I. 2002/72, art. 2(1)(a)
F5S. 1(2A) inserted (1.4.1993) by Further and Higher Education Act (Scotland) Act 1992 (c. 37), s. 2(b) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch. 4
F6Words in s. 1(3) substituted (1.4.1983) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 3 para. 37(a)(i) and S.I. 1982/1397, Sch. 2
F7Words repealed (1.4.1983) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 4 Pt. I and S.I. 1982/1397, Sch. 2
F8S. 1(4A)(4B) inserted (4.3.2002) by 2000 asp 6, s. 32(5); S.S.I. 2002/72, art. 2(1)(a)
F9Words in s. 1(5)(a) repealed (13.10.2000) by 2000 asp 6, s. 60(2), Sch. 3; S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F10Words in s. 1(5)(a)(i) substituted (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 3(2); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F11S. 1(5)(a)(ii) repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(2)(a); S.S.I. 2005/564, art. 2
F12S. 1(5)(b)(i) repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11
F13Words inserted (1.4.1983) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 3 para. 37(b)(i) and S.I. 1982/1397, Sch.2
F14S. 1(5)(c) repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(2)(b); S.S.I. 2005/564, art. 2
F15S. 1(5)(d) repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(2)(b); S.S.I. 2005/564, art. 2
Modifications etc. (not altering text)
C1S. 1 amended (4.3.2002) by 2000 asp 6, s. 33(1)-(3); S.S.I. 2002/72, art. 2(1)(b)