Coronavirus Act 2020

Effect of educational closure direction on other provisions

9 (1) Where an educational closure direction has effect in relation to a school—

(a) any failure by an education authority to discharge any of the duties under the following sections of the 1980 Act is to be disregarded to the extent that the failure is attributable to the direction—

(i) section 1(1) (provision of education);

(ii) section 14 (education for children unable to attend school etc);

(iii) section 53(2) (provision of free school lunches);

(b) the duty under section 30(1) of the 1980 Act (duty of parents to provide education for their children) does not apply in respect of a child who is a pupil at the school but who is, as a result of the direction, unable to be in regular attendance at the school;

(c) any failure of a child to attend the school is to be disregarded for the purposes of section 35 of the 1980 Act (failure of parents to secure regular attendance of child at school) to the extent that the failure is attributable to the direction.

(2) Any failure by an education authority to discharge the duty under section 4(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (provision for additional support needs) is to be disregarded to the extent that the failure is attributable to an educational closure direction.

(3) Any failure by an education authority to discharge the duty under section 47(1) of the Children and Young People (Scotland) Act 2014 (duty to secure provision of early learning and childcare) is to be disregarded to the extent that the failure is attributable to an educational closure direction.

(4) Where early learning and childcare is provided by a person in premises other than a school, references to “school” in sub-paragraph (1) are to be read as if they were references to premises in which such early learning and childcare is provided.