Coronavirus Act 2020

Continuing operation of educational establishments

11 (1) The Scottish Ministers may give a direction under this paragraph (an “educational continuity direction”) that applies to—

(a) the relevant operator of one or more named educational establishments in Scotland;

(b) the relevant operators of all educational establishments in Scotland (or any part of Scotland);

(c) the relevant operators of a particular description of educational establishment in Scotland (or any part of Scotland).

(2) An educational continuity direction is a direction relating to the continuing operation of an educational establishment for a specified period.

(3) An educational continuity 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) An educational continuity direction may—

(a) confer additional functions on a relevant operator relating to—

(i) the provision of early learning and childcare, school education, further education or higher education;

(ii) the provision of related services (for example, out of school care);

(iii) the use of the operator’s premises for the purpose of protecting public health;

(b) require an educational establishment to open, to stay open, to re-open, or to open at times when it would not usually be open;

(c) require a relevant operator to allow specified people or people of a specified description to attend an educational establishment or relevant premises for which the operator is responsible;

(d) provide for or require specified people or people of a specified description to attend a specified educational establishment or specified premises for the purposes of receiving early learning and childcare, school education, further education or higher education there;

(e) prohibit access in respect of the whole or a specified part of an educational establishment or of relevant premises;

(f) prohibit access in respect of the carrying on of all activities or in respect of the carrying on of specified activities;

(g) require measures to ensure safe standards of hygiene, and other measures to protect health, to be put in place;

(h) require the alteration of term dates, holiday dates or examination dates;

(i) require the taking of actions in general terms, or require the taking of particular actions, that the Scottish Ministers consider reasonable;

(j) make different provision for different purposes (for example, for different descriptions of people attending an educational establishment);

(k) be framed by reference to whatever matters the Scottish Ministers consider appropriate;

(l) make transitional, transitory or saving provision;

(m) make such other provision as the Scottish Ministers consider appropriate in connection with the giving of the direction.

(5) In this paragraph—

• “relevant premises”, means any premises (other than residential accommodation) which people attend in order to receive services provided by or on behalf of the relevant operator of an educational establishment there (see also sub-paragraphs (8) and (9)),

• “specified” means specified, or falling within a description specified, in a direction under this paragraph.

(6) In this paragraph, “relevant operator”—

(a) in relation to a school, means—

(i) where the school is a public school, the education authority by which it is managed;

(ii) where the school is an independent school, the proprietor;

(iii) where the school is a grant-aided school, the managers,

(but see also sub-paragraphs (7) and (8));

(b) in relation to a further education institution or a higher education institution, means the governing body of the institution (within the meaning of section 35(2) of the 2005 Act);

(7) Where out of school care is provided by a person in a school, “relevant operator” also includes such a person.

(8) Where school education, early learning and childcare or out of school care is provided by a person in premises other than a school—

(a) “relevant operator” also includes such a person, and

(b) references to “educational establishment” in this paragraph are to be read as if they were references to such premises.

(9) Where early learning and childcare or out of school care is provided by a person acting as a child minder (within the meaning of paragraph 12 of Schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)) in premises used mainly as a private dwelling, an educational continuity direction may only apply to the part of the premises in which such care is provided.