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Education (Scotland) Act 1980
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Version Superseded: 01/08/2007
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Education (Scotland) Act 1980, Section 70 is up to date with all changes known to be in force on or before 03 December 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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70 Powers to enforce duty of education authorities and other persons. S
[F1(1)]If the Secretary of State is satisfied, either on complaint by any person interested or otherwise, that an education authority, [F2a School Board,] the managers of a school or educational establishment, or other persons have failed to discharge any duty imposed on them by or for the purposes of this Act or of any other enactment relating to education, the Secretary of State may make an order declaring them to be in default in respect of that duty and requiring them before a date stated in the order to discharge that duty. If by the said date the education authority, [F2a School Board,] managers or other persons have not discharged the duty, one or other of the following steps may be taken to secure the discharge thereof—
(a)the Secretary of State may make such arrangements as he thinks fit for the discharge of the duty, and all expenses incurred by the Secretary of State in so doing shall be recoverable as a debt due by the authority, managers or other persons to the Secretary of State; or
(b)the Court of Session may, on the application of the Lord Advocate, order specific performance of the duty.
[F3(2) Without prejudice to the generality of subsection (1) above, in that subsection the expression “ enactment ” includes—
(a)an Act of the Scottish Parliament but only in so far as it is an Act which relates to school education; and
(b)an order, regulation, rule or other instrument which has effect by virtue of an Act of the Scottish Parliament but only in so far as it is an instrument which so relates.]
Textual Amendments
F1S. 70 renumbered as s. 70(1) (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 3(8); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F2Words inserted by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 6
F3S. 70(2) added (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 3(8); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
Modifications etc. (not altering text)
C1S. 70 applied by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s.7(8)
C2S. 70: functions transferred (temp. 20.5.1999 to 1.7.1999) by S.I. 1999/901, art. 5, Sch. ; S.I. 1998/3178, art. 3
s. 70: functions transferred (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1; S.I. 1998/3178, art. 3
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