SCHEDULES
SCHEDULE 16Temporary closure of educational institutions and childcare premises
PART 2Scotland
10School boarding accommodation
1
The Scottish Ministers may give a direction under this paragraph (a “boarding accommodation closure direction”) that applies to—
a
the relevant manager of one or more named school boarding establishments in Scotland;
b
the relevant managers of all school boarding establishments in Scotland (or any part of Scotland);
c
the relevant managers of a particular description of school boarding establishment in Scotland (or any part of Scotland).
2
A boarding accommodation closure direction is a direction that—
a
requires a relevant manager of a school boarding establishment to take reasonable steps to restrict access to the establishment for a specified period, or
b
provides for pupils for whom school boarding accommodation is provided to be confined in their school boarding accommodation for a specified period.
3
A boarding accommodation closure direction may provide that any failure to comply with a duty or time limit imposed under any enactment or rule of law relating to education is to be disregarded to the extent that it would be attributable to the direction.
4
A boarding accommodation closure direction may—
a
require the taking of actions in general terms, or require the taking of particular actions, that the Scottish Ministers consider reasonable;
b
make different provision for different purposes (for example, for different descriptions of people for whom school boarding accommodation is provided);
c
prohibit access in respect of the whole or a specified part of premises in which school boarding accommodation is provided;
d
prohibit access in respect of the carrying on of all activities or in respect of the carrying on of specified activities;
e
be framed by reference to whatever matters the Scottish Ministers consider appropriate;
f
make transitional, transitory or saving provision;
g
make such other provision as the Scottish Ministers consider appropriate in connection with the giving of the direction.
5
In this paragraph—
“pupil” has the meaning given by section 135(1) of the 1980 Act;
“relevant manager”, in relation to school boarding accommodation, means a person having responsibility for the management of the accommodation;
“school boarding accommodation”, in relation to a pupil, means residential accommodation provided to the pupil by a school care accommodation service (within the meaning of paragraph 3 of schedule 12 of the Public Services Reform (Scotland) Act 2010 (asp 8));
“school boarding establishment” means a place where school boarding accommodation is provided;
“specified” means specified, or falling within a description specified, in a direction under this paragraph.