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Education (Scotland) Act 1980
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Changes over time for: Section 38
Version Superseded: 14/11/2005
Alternative versions:
- 01/02/1991- Amendment
- 31/07/1997
Point in time - 14/11/2005- Amendment
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Education (Scotland) Act 1980, Section 38 is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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38 Making of attendance orders.S
(1)References in sections 36 and 37 of this Act, and in the following provisions of this Act, to an attendance order in respect of a child are references to an order in writing requiring the parent of the child to cause the child to attend a school named in the order, being either a public school, or a school (other than a public school) the managers of which are willing to receive the child.
(2)In an attendance order in respect of a child—
(a)a school at which the parent will be required to pay fees shall not be named except at the request of the parent; and
[F1(b)a special school shall not be named unless the child is a recorded child.]
(3)Before making an attendance order under section 36 or 37 of this Act, the education authority shall consider any views expressed by the parent as to the school which he desires his child to attend.
(4)The authority shall cause a copy of any attendance order made by them under section 36 or 37 of this Act to be served upon the parent, and it shall thereupon be the duty of the parent, subject to an appeal to the sheriff under subsection (5) below, to cause the child to attend regularly at the school named in the order.
(5)A parent aggrieved by the making of an attendance order by an education authority may within fourteen days after the date upon which a copy of the order was served upon him under subsection (4) above appeal against it to the sheriff, who may confirm, vary or annul the order and whose decision shall be final.
Textual Amendments
F1S. 38(2)(b) substituted by Education (Scotland) Act 1981 (c. 58), Sch. 2 Pt. II para. 5, Sch. 8
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