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Education (Scotland) Act 1980
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Changes to legislation:
Education (Scotland) Act 1980, Section 86 is up to date with all changes known to be in force on or before 09 February 2025. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 86:
- s. 53(3)(b)(i)-(iia) repealed by 2012 c. 5 Sch. 14 Pt. 1
- s. 53(3)(b)(iii) words repealed by 2012 c. 5 Sch. 14 Pt. 1
- s. 53ZA inserted by 2016 asp 8 s. 22(3)
- s. 54A inserted by 2016 asp 8 s. 23
- s. 98DA inserted by 2016 asp 8 s. 28(2)
- s. 99(1A)(g)(ii) word substituted by 2020 asp 13 sch. 5 para. 8(3)
- s. 99(1A)(h)(ii) word substituted by 2020 asp 13 sch. 5 para. 8(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 53(3)(b)(i)-(iia) repealed by 2012 c. 5 Sch. 14 Pt. 1
- s. 53(3)(b)(iii) words repealed by 2012 c. 5 Sch. 14 Pt. 1
- s. 53ZA inserted by 2016 asp 8 s. 22(3)
- s. 54A inserted by 2016 asp 8 s. 23
- s. 98DA inserted by 2016 asp 8 s. 28(2)
- s. 99(1A)(g)(ii) word substituted by 2020 asp 13 sch. 5 para. 8(3)
- s. 99(1A)(h)(ii) word substituted by 2020 asp 13 sch. 5 para. 8(3)
86 Admissibility of documents.S
In any legal proceedings any document purporting to be—
(a)a document issued by an education authority, and to be signed by the proper officer of that authority F1. . .;
(b)an extract from the minutes of the proceedings of an education authority or of any committee or sub-committee thereof, and to be signed by the chairman of the authority or of the committee or sub-committee or by the officer having the custody of the minutes;
(c)a certificate giving particulars of the attendance of a pupil at a school F2, and to be signed by the head teacher of the school F2;
(d)a certificate issued by a medical officer of a Health Board, and to be signed by such officer;
(e)a certificate issued by an education authority that an attendance order has been made by the authority and a copy thereof served upon the parent of the child to whom the order relates, and to be signed by the proper officer of the authority F3. . .; or
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
shall be received in evidence and shall, unless the contrary is proved, be deemed to be the document which it purports to be, and to have been signed by the person by whom it purports to have been signed, without proof of his identity, signature or official capacity, and any such extract or certificate as is mentioned in paragraph (b) (c) (d) [F5or (e)] above shall, in the absence of evidence to the contrary, be sufficient evidence of the matters therein stated.
Textual Amendments
F1Words in s. 86(a) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 118(5)(b), Sch.14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2.
F2Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11
F3Words in s. 86(e) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 118(5)(b), Sch.14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2.
F4S. 86(f) repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11
F5Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(18)
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