Education (Scotland) Act 1980

126 Provision of services by education authorities. S

(1) Subject to subsections (3) to (5) below, it shall be the duty of each education authority—

(a) to make arrangements for the purpose of assisting persons who are attending, either full-time or part-time, educational institutions in Great Britain other than universities—

(i) to determine what employments will, having regard to their capabilities, be suitable for them and available to them when they leave the institutions, and

(ii) to determine what training will then be required by them and available to them in order to fit them for those employments;

(b) to make arrangements for the purpose of assisting persons leaving institutions mentioned in paragraph (a) above to obtain such employments and training as are so mentioned; and

(c) to make the arrangements made in pursuance of paragraphs (a) and (b) above available to persons who seek to make use of them and are either such persons as are mentioned in those paragraphs or persons attending or leaving universities in Great Britain;

and it shall also be the duty of each education authority to arrange for officers of the authority to be appointed to administer the arrangements made by the authority in pursuance of this subsection.

(2) An education authority may, and shall so far as the Secretary of State directs it to do so, make arrangements in accordance with the following subsection—

(a) for the purpose of assisting persons (other than those mentioned in paragraphs (a) and (b) of subsection (1) above) who are seeking employment or different employment to determine—

(i) what employments are suitable for persons having their capabilities, and

(ii) what training they require and is available to them in order to fit them for those employments; and

(b) for the purpose of assisting those persons to obtain such employments and training as are mentioned in paragraph (a) above.

(3) The arrangements made in pursuance of subsection (1) or (2) above shall be arrangements—

(a) for the giving of assistance by collecting and furnishing information about persons seeking and offering employment and persons providing facilities and services for training; and

(b) for providing advice and guidance for the purposes mentioned in that subsection,

and may include arrangements for the provision of services calculated to facilitate the carrying out of arrangements made in pursuance of paragraph (a) or (b) of this subsection.

(4) Subject to subsection (5) below, it shall be the duty of education authorities to consult and co-operate with one another to the extent appropriate for the purpose of securing that the functions conferred on them by subsections (1) and (2) above are performed efficiently; and, without prejudice to the powers exercisable by an authority for the purpose of performing that duty, any two or more education authorities may make arrangements on such terms as they think fit (which may include terms as to the making of payments by one authority to another)—

(a) for any of the authorities to perform any of those functions on behalf of another of the authorities as respects the whole or part of the other authority’s area;

(b) for the authorities to act jointly in performing any of those functions as respects the whole or parts of their areas.

(5)(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(7) The power to make an order under subsection (6) above shall be exercisable by statutory instrument, and such an order may include such supplemental and incidental provisions as the Secretary of State considers appropriate for the purposes of the order.

(8) The reference to part-time attendance in paragraph (a) of subsection (1) above does not include—

(a) part-time attendance where none of the relevant classes begins on any day before 5 o’clock in the evening; and

(b) any other part-time attendance as to which the Secretary of State directs that it shall be disregarded for the purposes of that paragraph;

except that the said reference does include part-time attendance by persons who satisfy the education authority in question that their attendance is with a view to employment.

(9) In this section—

• “employment” means employment under a contract of service or apprenticeship or a contract for services or otherwise than under a contract; and

• “training” includes any education with a view to employment;

and in this section and section 127 of this Act “university” includes a central institution and a college of education.

Textual Amendments

F1 Ss. 126(5)(6), 127(5) repealed by S.I. 1981/549, art. 2