Education (Scotland) Act 1980

3 Fees not to be charged in public schools, etc: exceptions. S

(1) Subject to the provisions of subsections (2) to (5) below, school education F1 . . . provided by an education authority shall be provided without payment of fees.

(2) An education authority shall have power to charge fees for school education in some or all of the classes in a limited number of schools under their management.

(3) An education authority may award to any pupil in a class in which fees are charged by virtue of subsection (2) above a scholarship, by way of remission in whole or in part of the fee, in any case where, having regard to the pupil’s ability and aptitude, it appears to the authority proper to do so; but such a pupil shall not be regarded for the purposes of section 11(1)(a) of this Act (provision of free books, etc.) as receiving free education.

(4) An education authority shall not exercise the power conferred by subsection (2) above except where it may be exercised without prejudice to the adequate provision of free school education for their area whether—

(a) at schools under their management, or

(b) at other schools by virtue of arrangements made by them with the managers of those schools or, in the case of schools under the management of another education authority, with that authority.

(5) Where an education authority are providing school education for an outwith-area pupil in a school under their management—

(a) in classes in which fees are charged under the provisions of subsection (2) above, the education authority may charge in respect of that pupil, in addition to the fee charged by virtue of that subsection, such extra fee as they think proper,

(b) in classes in which no fees are charged, the education authority may charge in respect of that pupil such fee as they think proper.

In this subsection “outwith-area pupil” means, in relation to any education authority, a pupil who is not deemed to belong for the purposes of section 23 of this Act to the area of that authority.

(6) An education authority shall have power to make charges in respect of the use of some or all of—

(a) any facilities for F2 . . . further education provided by them,

(b) any facilities provided by them under section 1(3) of this Act.

[F3 (7) This section does not apply as respects the provision of school education by virtue of subsections (1) and (1A), or as the case may be subsection (1C), of section 1 of this Act.]

Textual Amendments

F1 Words in s. 3(1) repealed (16.5.1992) by Further and Higher Education Act 1992 (c. 37), s. 62(3), Sch. 10; S.I. 1992/817, art. 3(2), Sch. 1

F2 Word in s. 3(6)(a) repealed (16.5.1992) by Further and Higher Education Act 1992 (c. 37), s. 62(3), Sch. 10; S.I. 1992/817, art. 3(2), Sch. 1

F3 S. 3(7) added (4.3.2002) by 2000 asp 6, s. 33(4); S.S.I. 2002/72, art. 2(1)(b)