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.