Part VII S Miscellaneous Provisions

General S

135 Interpretation. S

(1) In this Act, unless the context otherwise requires,—

• [F1 “additional support needs” and references to any child or young person having such needs shall be construed in accordance with section 1(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4);]

• “the M1 Act of 1882” means the Educational Endowments (Scotland) Act 1882;

• “the M2 Act of 1918” means the Education (Scotland) Act 1918;

• “the Acts of 1928 to 1935” means the Educational Endowments (Scotland) Acts 1928 to 1935;

• “the Act of 1937” means the M3 Children and Young Persons (Scotland) Act 1937;

• “the M4 Act of 1946” means the Education (Scotland) Act 1946;

• “the M5 Act of 1962” means the Education (Scotland) Act 1962;

• “attendance order” has the meaning assigned to it by section 38 of this Act;

• F2 ...

• “central institution” means an educational establishment for the provision of further education recognised as a central institution by regulations made by the Secretary of State;

• “child” means a person who is not

  over school age;

• “clothing” includes boots and other footwear;

• F3 . . .

• “dental examination” means examination by a registered dentist, so however that in conducting an examination of any such class as may be prescribed, such dentist may be assisted by other persons having such special qualifications or experience as may be prescribed;

• “dental inspection” and “dental supervision” mean, respectively, inspection and supervision by a registered dentist;

• “dental treatment” includes prevention and treatment of dental diseases by or (so far as permitted by law) under the direction of any registered dentist, and the supply of appliances on the recommendation of such dentist, but does not, in relation to any pupil other than a pupil receiving school education elsewhere than at a school under arrangements made by an education authority under section 14 of this Act, include treatment in that pupil’s home;

• [F4 “disqualified from working with children” has the meaning given by section 98A(6) of this Act;]

• “education authority” means a [F5 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994], and “area” in relation to an education authority shall be construed accordingly;

• “educational establishment”—

  (i)

  means a school F6 and any F7 institution for the provision of any form of further education and the premises of such school, F6 or institution, and

  (ii)

  without prejudice to the foregoing generality, includes [F8 a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992,] a central institution, F9 . . . a hostel used mainly by pupils attending such schools F6 or institutions, and a residential institution conducted under a scheme under the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962 or Part VI of this Act, but

  (iii)

  does not include a university, a theological college, a hostel or other residence used exclusively by students attending a university or a theological college, or a club or other centre conducted by a voluntary society or body for the purpose of providing facilities for social, cultural or recreative activities or for physical education or training unless the society or body are in receipt of a grant from the Secretary of State or of a contribution from an education authority or have obtained the consent of the Secretary of State to the club or centre being treated in all respects as an educational establishment;

• “employment” includes employment in any labour exercised by way of trade or for purposes of gain whether the gain be to the child or to the young person or to any other person, and a person who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour; and “employ” shall be construed accordingly;

• “employer” includes a parent who employs his children;

• “enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act;

• [F10 “enforcement direction” means a direction under section 66D(1) of this Act;]

• “functions” includes powers and duties;

• “further education” includes the forms of instruction, occupation and teaching described in section 1(5)(b) of this Act;

• “grant-aided school” means a school in respect of which grants are made by the Secretary of State to the managers of the school other than [F11 (a)] grants in aid of the employers’ contributions provided for in Teachers (Superannuation) Regulations, [F12 and (b) sums paid under a scheme under section 75A of this Act, or by virtue of section 75B of this Act,] but does not include a public school F2 [F13 ... or a technology academy (within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989)];

• “Health Board” means a Health Board constituted under section 2 of the M6 National Health Service (Scotland) Act 1978;

• “independent school” means a school at which full-time education is provided for F14 ... pupils of school age (whether or not such education is also provided for pupils under or over that age), not being a public school [F15 or a grant-aided school];

• “Her Majesty’s inspectors” means the inspectors of schools appointed by Her Majesty F16 . . .;

• F17 “managers”, in relation to an educational establishment, means the governing body, trustees, or other person or body of persons responsible for the management of the establishment but does not include an education authority;

• “medical examination” means examination by a registered medical practitioner: Provided that in conducting an examination of any such class as may be prescribed, such practitioner may be assisted by other persons having such special qualifications or experience as may be prescribed;

• “medical inspection” and “medical supervision” mean, respectively, inspection and supervision by or under the directions of a registered medical practitioner;

• “medical treatment” includes prevention and treatment of diseases by any registered medical practitioner, and the supply of appliances on the recommendation of such practitioner, but does not, in relation to any pupil other than a pupil receiving school education elsewhere than at school under arrangements made by an education authority under section 14 of this Act, include treatment in that pupil’s home;

• “nursery school” and “nursery class” have the respective meanings assigned to them by section 1(5)(a)(i) of this Act;

• “officers” includes servants;

• “parent” includes guardian and any person who is liable to maintain or has [F18 parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to, or has care of] a child or young person;

• [F19 “placing request” has the meaning assigned to it by section 28A(1) of this Act;]

• [F20 “preliminary notice” means a notice under section 66C(1) of this Act;]

• “premises” in relation to any educational establishment includes the site of such establishment, any building in which pupils attending such establishments are boarded whether managed by the managers of such establishment or by any other person by arrangement with such managers, and any playing fields used in connection with such establishment whether contiguous to or detached therefrom;

• “prescribed” means prescribed by the Secretary of State;

• “proprietor” in relation to an independent school means the managers of such school, and for the purposes of the provisions of this Act relating to applications for the registration of independent schools includes any person or body of persons proposing to be the managers;

• F21 ...

• F22 ...

• “public school” means any school under the management of an education authority;

• “pupil”, where used without qualification, means a person of any age for whom education is or is required to be provided under this Act; and a pupil shall be deemed to be attending or in attendance at a school if he is shown by the register of admission and withdrawal kept at the school in accordance with regulations made under this Act, or by any other register approved by the Secretary of State and kept for a similar purpose, to have been admitted to, but not to have been withdrawn from, or to have been readmitted to, and not thereafter to have been withdrawn from, the school; and similar expressions, whether relating to schools or to other educational establishments, shall be similarly interpreted;

• F22 ...

• “registered school” means an independent school [F23 which is registered] in the register of independent schools F21 ...;

• “registered teacher” means a teacher registered under the M7 Teaching Council (Scotland) Act 1965;

• F24 . . .

• [F25 “residential establishment” has the meaning given by paragraph (a) of the definition of that expression in section 93(1) of the Children (Scotland) Act 1995;]

• “school” means an institution for the provision of primary or secondary education or both primary and secondary education being a public school, a grant-aided school F2 ... or an independent school, and includes a nursery school and a special school; and the expression “school” where used without qualification includes any such school or all such schools as the context may require F26 ;

• “school age” shall be construed in accordance with section 31 of this Act;

• F27 ...

• “school education” has the meaning assigned to it by section 1(5)(a) of this Act;

• F2 ...

• F22 ...

• F28 [F29 “special school” [F30 has the meaning given in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)]]

• [F19 “specified school” has the meaning assigned to it by section 28A(1) and (2) of this Act;]

• [F31 “supervision requirement” has the meaning given by section 70(1) of the said Act of 1995;]

• “teachers’ superannuation regulations” means regulations made under section 9 of the M8 Superannuation Act 1972;

• “young person” means a person over school age who has not attained the age of eighteen years.

(2) Any reference in any enactment or other instrument (including this Act and, unless the contrary intention appears, any enactment or other instrument passed or made after the commencement of this Act) to—

(a) primary education shall be construed as a reference to school education of a kind [F32 (i)] which is appropriate in the ordinary case to the requirements of pupils who have not attained the age of twelve years; [F33 ; and (ii) which is, in the case of a pupil [F34 having additional support needs], within the provision made for the purpose of meeting [F35 those needs] until he is transferred to the stage of secondary education;]

(b) secondary education shall be construed as a reference to school education of a kind [F36 (i)] which is appropriate in the ordinary case to the requirements of pupils who have attained that age; [F37 ; and (ii) which is, in the case of a pupil [F38 having additional support needs], within the provision made for the purpose of meeting [F39 those needs] until he ceases to be of school age or to receive school education, whichever is the later.]

and any reference in any such enactment or other instrument as aforesaid to primary or secondary schools or departments or classes shall be construed accordingly.

Textual Amendments

F1 Definition in s. 135(1) inserted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(13)(a)(i); S.S.I. 2005/564, art. 2

F2 Words in s. 135(1) repealed (31.12.2004) by Standards in Scotland’s Schools etc. Act 2000 (asp 6), s. 61(2), sch. 3; S.S.I. 2004/528, art. 2(b)

F3 In s. 135(1) definition of 'college of education' repealed (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(3), Sch. 10: S.I. 1992/817, art. 3(2), Sch. 1

F4 Definition in s. 135(1) inserted (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 1 para. 1(8)(a); S.S.I. 2005/570, art. 2(c) (with art. 3(2))

F5 In s. 135(1) words in definition of “education authority” substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 118(9); S.I. 1996/323, art. 4(1)(c).

F6 Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

F7 Word repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

F8 In s. 135(1) words in definition of 'educational establishment' inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 7(7); S.I. 1992/817, art. 3(2), Sch. 1

F9 In s. 135(1) words in definition of 'educational establishment' repealed (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(3), Sch. 10; S.I. 1992/817, art. 3(2), Sch. 1

F10 Definition in s. 135(1) inserted (31.1.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 1 para. 1(8)(b); S.S.I. 2005/10, art. 3(c)

F11 “(a)” inserted by Education (Scotland) Act 1981 (c. 58), s. 5(2)(a)

F12 Words inserted by Education (Scotland) Act 1981 (c. 58), s. 5(2)(b)

F13 Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(22)(b)

F14 In s. 135(1) words in definition of "independent school" repealed (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), ss. 3, 9(2); S.S.I. 2005/570, art. 2(a) (with art. 3(2))

F15 In s. 135(1) words in definition of "independent school" substituted (31.12.2004) by Standards in Scotland’s Schools etc. Act 2000 (asp 6), s. 61(2), sch. 2 para. 3(9); S.S.I. 2004/528, art. 2(b)

F16 Words in the definition of “Her Majesty's inspectors” repealed (1.7.1999) by 1998 c. 46, s. 125, Sch. 8 para. 17, Sch. 9; S.I. 1998/3178, art. 2(1).

F17 Definition repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

F18 Words in definition of “parent” substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 28(5)(a) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F19 Definition inserted by Education (Scotland) Act 1981 (c. 58), s. 1(4)

F20 Definition in s. 135(1) inserted (31.1.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 1 para. 1(8)(c); S.S.I. 2005/10, art. 3(c)

F21 Definition in s. 135(1) repealed (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 2; S.S.I. 2005/10, art. 3(d) (with art. 3(2))

F22 Definitions in s. 135(1) repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(13)(a)(ii); S.S.I. 2005/564, art. 2

F23 Words in s. 135(1) substituted (31.12.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), sch. 1 para. 1(8)(d); S.S.I. 2005/570, art. 2(c) (with art. 3(2))

F24 Definition of “reporter of the appropriate local authority” repealed (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 28(5)(b), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7).

F25 Definition of “residential establishment” substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 28(5)(c) (with s. 103(1)); S.I. 1996/3201, art. 3(7).

F26 Words repealed by Registered Establishments (Scotland) Act 1987 (c. 40, SIF 81:3), s. 2(2)

F27 Definition in s. 135(1) repealed (1.8.2007) by Scottish Schools (Parental Involvement) Act 2006 (asp 8), s. 24(2), sch.; S.S.I. 2007/31, art. 2(b), sch. 2

F28 Definition repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9

F29 Definition substituted by Education (Scotland) Act 1981 (c. 58), Sch. 2 Pt. I para. 4(a)(iii), Sch. 8

F30 Words in s. 135(1) substituted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(13)(a)(iii); S.S.I. 2005/564, art. 2

F31 Definition of “supervision requirement” substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 28(5)(d) (with s. 103(1)); S.I. 1996/3201, art. 3(7).

F32 “(i)” inserted by Education (Scotland) Act 1981 (c. 58), Sch. 2 Pt. I para. 4(b)(i)

F33 Words inserted by Education (Scotland) Act 1981 (c. 58), Sch. 2 Pt. I para. 4(b)(ii), Sch. 8

F34 Words in s. 135(2)(a)(ii) substituted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(13)(b)(i); S.S.I. 2005/564, art. 2

F35 Words in s. 135(2)(a)(ii) substituted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(13)(b)(ii); S.S.I. 2005/564, art. 2

F36 “(i)” inserted by Education (Scotland) Act 1981 (c. 58), Sch. 2 Pt. I para. 4(b)(iii)

F37 Words inserted by Education (Scotland) Act 1981 (c. 58), Sch. 2 Pt. I para. 4(b)(iv), Sch. 8 para. 1

F38 Words in s. 135(2)(b)(ii) substituted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(13)(b)(i); S.S.I. 2005/564, art. 2

F39 Words in s. 135(2)(b)(ii) substituted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(13)(b)(ii); S.S.I. 2005/564, art. 2

Modifications etc. (not altering text)

C1 S. 135(1) applied (1.9.1996) by 1996 c. 26, s. 4(3) (which inserted 1995 c. 39, ss. 49A, 49B); S.I. 1996/2071, art. 2.

Marginal Citations

M1 1882 c. 59.

M2 1918 c. 48.

M3 1937 (1 Edw. 8 & 1 Geo. 6 c. 37).

M4 1946 c. 72.

M5 1962 c. 47.

M6 1978 c. 29.

M7 1965 c. 19.

M8 1972 c. 11.