Further and Higher Education (Scotland) Act 1992

Education (Scotland) Act 1980 (c. 44)

7 (1) The Education (Scotland) Act 1980 shall be amended as follows.

(2) After section 14 there shall be inserted the following section—

“14ZA Meaning of pupil in sections 12 to 14

In sections 12 to 14 of this Act and in section 52 of this Act as it relates to the said section 13, any reference to a pupil shall include a reference to a student attending a college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992.”

(3) In section 17 (provision, maintenance and equipment of certain accommodation)—

(a) in each of subsections (1) and (3) there shall be inserted at the beginning the words “Subject to subsection (6) below,”; and

(b) after subsection (5) there shall be inserted the following subsection—

“(6) Subsections (1) and (3) above shall have effect as regards further education only to the extent that the education authority is under a duty to do anything under the said sections 1 to 6.”

(4) In section 65B (provision for recorded children who have ceased to be of school age) after subsection (6) there shall be inserted the following subsection—

“(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.”

(5) In section 66 (inspection of educational establishments) after the words “other educational establishment” there shall be inserted the words “(other than a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992)”.

(6) In section 68 (power to require submission to medical examination)—

(a) after the word “pupil” where it first occurs there shall be inserted the words “or other person enrolled at an educational establishment”; and

(b) after the word “pupil” where it fourth and fifth occurs there shall be inserted the words “or other person”.

(7) In subsection (1) of section 135 (interpretation) in the definition of “educational establishment”, in paragraph (ii) after the word “includes” there shall be inserted the words “a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992,”.