48(1)Section 48A of the Education (Scotland) Act 1980 (corporal punishment) shall continue to have effect with the following amendments (originally made by section 294 of the M1Education Act 1993).U.K.
(2)In subsection (1), after “pupil” there is inserted “ to whom this subsection applies ”, and after that subsection there is inserted—
“(1A)Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading.
(1B)In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.”
(3)In subsection (5) for the words preceding paragraph (a) there is substituted “In this section “pupil” means a person for whom education is provided at a school or for whom school education is provided by an education authority otherwise than at a school.
(5A)Subsection (1) above applies to a pupil”.
(4)In subsection (8)(a) for “(5)(a)(iii)” there is substituted “ (5A)(a)(iii) ”.
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