Education (Scotland) Act 1980

65B Future provision for recorded children. S

(1) It shall be the duty of an education authority in accordance with this section to consider in relation to each recorded child belonging to their area (in accordance with section 23(3) of this Act) what provision would benefit him after he ceases to be of school age and to make a report thereon.

(2) The education authority shall perform the duty imposed on them under subsection (1) above during the period beginning 2 years before the child ceases to be of school age and ending 9 months before then.

(3) Sections 61 and 62 of this Act shall apply to the process of consideration under this section with such modification as the Secretary of State may by regulations prescribe.

(4) The duty of consideration imposed by subsection (1) above may be performed in conjunction with a review in relation to the child under section 65A of this Act.

(5) The education authority’s report under subsection (1) above shall include their recommendation as to—

(a) whether the child would benefit from school education after he ceases to be of school age; and

(b) if the recommendation under paragraph (a) above is that he would benefit therefrom, whether or not his Record should be discontinued in accordance with section 65C(3) of this Act after he ceases to be of school age,

and they shall send a copy of the report to the child’s parent and inform him of the right to have the Record discontinued under section 65C(3) of this Act.

(6) In any case where they consider it appropriate to do so, the education authority shall, in accordance with subsection (7) below, send a copy of their report to—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the health board for the area in which the child resides; and

(c) with the consent of the child’s parent, any other body being a body making provision from which, in their opinion, he might benefit.

[F2 and the local authority as education authority shall also ensure that the local authority for the purposes of Part II of the Children (Scotland) Act 1995 receive such a copy]

[F3 (6A) Without prejudice to the generality of paragraph (c) of subsection (6) above, the reference in that paragraph to any other body shall include a reference to the board of management of a college of further education (within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992) making provision from which, in the opinion of the authority, the child might benefit.]

(7) The education authority shall, where possible, perform their duty under subsection (6) above not later than 6 months before the child or young person to whom the report referred to in that subsection relates is expected to cease receiving school education.

Textual Amendments

F1 S. 65B(6)(a) repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 28(4)(a), Sch. 5; S.I. 1996/3201, art. 3(7).

F2 Words in s. 65B(6) added (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 28(4)(b); S.I. 1996/3201, art. 3(7).

F3 S. 65B(6A) inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 7(4); S.I. 1992/817, art. 3(2), Sch. 4

Modifications etc. (not altering text)

C1 S. 65B(1) restricted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 13(1)