(1)It shall be the duty of an education authority to disseminate in their area information as to the importance of the early discovery of special educational needs and as to the opportunity for assessment available under the following provisions of this Act.
(2)An education authority—
(a)shall have power, as regards—
(i)children in their area who have not attained school age [F2and are not children in respect of whom the authority is under a duty by virtue of subparagraph (ii) of paragraph (b) below]; and
(ii)young persons belonging to their area (in accordance with section 23(3) of this Act) who are receiving school education; and
(b)shall be under a duty, as regards children belonging to their area (in accordance with section 23(3) of this Act) who
[F3(i)are of school age][F4; or]
[F5(ii)have not attained school age but, being at least two years of age, have come to the attention of the authority as having, or appearing to have, special educational needs,]
in accordance with the provisions of section 61 of this Act, to establish which of those children or, as the case may be, young persons have pronounced, specific or complex special educational needs which are such as require continuing review and to open and keep a Record of Needs of each such child or young person.
(3)In this Act, unless the context otherwise requires, “Record”, when used as a noun, means a Record of Needs opened and kept under subsection (2) above and “recorded” and other cognate expressions shall be construed accordingly.
(4)A Record shall not be disclosed by an education authority otherwise than in accordance with regulations made under section 65D(1)(e) of this Act.
(5)The power of an education authority under subsection (2)(a) (ii) above shall be exercisable in relation to a young person only on a request to that effect being made to the authority by the young person or his parent.]
Textual Amendments
F1Ss. 60–65F substituted for ss. 60–65 by Education (Scotland) Act 1981 (c. 58), s. 4(1), Sch. 8
F2Words added by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 72(1)(a)
F3Words “are of school age” have become subparagraph (i) of s. 60(2)(a)(i) by virtue of Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 72(1)(b)
F4 “; or” added by virtue of Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 72(1)(b)
F5S. 60(2)(b)(ii) added by virtue of Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 72(1)(b)
Modifications etc. (not altering text)
C1S. 60 modified (during period of 3 years beginning with 1.1.1983) by Education (Scotland) Act 1981 (c. 58), Sch. 8 para. 4(b)