Education (Scotland) Act 1945

1. Introductory Text

2. PART I Provision of Education by Education Authorities.

   1. Primary, Secondary and Further Education.

      1. 1. Provision of educational facilities by education authorities.

      2. 2. Provision of educational facilities to be in accordance with schemes.

      3. 3. Facilities for recreation and social and physical training.

      4. 4. Amendment of s. 68 of Act of 1872.

      5. 5. Safeguards for religious beliefs.

      6. 6. Child guidance service.

      7. 7. Education of pupils requiring special educational treatment.

      8. 8. Power to provide education elsewhere than at an educational establishment.

      9. 9. Provision of hostels, etc..

      10. 10. Combination of institutions for mental defectives and special schools.

   2. Free Education.

      1. 11. Free education.

   3. School Buildings, etc..

      1. 12. Provision and maintenance of schools, etc..

      2. 13. Requirements as to premises of schools, etc..

      3. 14. Discontinuance of educational establishments.

      4. 15. Acquisition of land, etc..

      5. 16. Borrowing powers.

   4. Co-operation between Education Authorities and Others.

      1. 17. Provision by education authority for education of pupils belonging to areas of other, authorities.

      2. 18. Co-operation in the performance of functions.

      3. 19. Contributions to universities.

3. PART II Rights and Duties of Parents and Functions of Education Authorities in Relation to Individual Pupils.

   1. General Principle.

      1. 20. Pupils to be educated in accordance with the wishes of their parents.

   2. Promotion from Primary to Secondary Education.

      1. 21. Promotion schemes.

   3. Attendance at School.

      1. 22. Duty of parents to provide education for their children.

      2. 23. School age.

      3. 24. Dates for commencing and terminating attendance at school.

      4. 25. Failure to attend regularly at a public school.

      5. 26. Attendance orders.

      6. 27. Reasonable excuses.

      7. 28. Legal proceedings.

   4. Attendance at Junior Colleges.

      1. 29. Attendance at junior colleges.

      2. 30. Provisions for securing attendance at junior colleges.

      3. 31. Enforcement of attendance at junior colleges.

   5. Provision to enable Pupils to take advantage of Educational Facilities.

      1. 32. Power of education authorities to enable persons to take advantage of educational facilities.

      2. 33. Education of pupils in exceptional circumstances, 34. Provision of transport and other facilities.

      3. 34. Provision of transport and other facilities.

      4. 35. Recovery of cost of board and lodging.

   6. Provision of Milk, Meals, etc..

      1. 36. Provision of milk and meals at schools and other educational establishments under the management of education authorities.

      2. 37. Provision of ancillary services for pupils hot in attendance at public schools.

   7. Medical Inspection, Supervision and Treatment.

      1. 38. Medical inspection and treatment of pupils.

      2. 39. Power to ensure cleanliness.

   8. Handicapped Children.

      1. 40. Duty of education authorities to ascertain what children are suffering from disability.

      2. 41. Children requiring special educational treatment.

      3. 42. Duty of education authorities to report to local authorities under 3 and 4 Geo. 5. c. 38 in certain cases.

   9. Restriction of Employment.

      1. 43. Power of education authorities to prohibit or restrict employment of children.

4. PART III Administration and Staffing.

   1. Business Arrangements of Education Authorities.

      1. 44. Amendment of law regarding schemes under 19 and 20 Geo. 5. c. 25.

      2. 45. Admission of Press to meetings of education committees.

      3. 46. Minutes of education committee meetings.

      4. 47. Education estimates.

   2. Director of Education.

      1. 48. Appointment of director of education.

   3. Teachers.

      1. 49. Training of teachers and certificates of competency.

      2. 50. Salaries of teachers.

      3. 51. Married Women teachers.

   4. Amendment of the teachers Superannuation Scheme.

      1. 52. Amendment of superannuation scheme.

   5. Inspection of Schools and Educational Establishments.

      1. 53. Inspection of educational establishments.

      2. 54. Inspection of schools on request of managers.

   6. Supplementary Provisions as to Grants.

      1. 55. Payment of grants to be subject" to conditions.

      2. 56. Provision for certain payments out of Education (Scotland) Fund for certain purposes.

   7. Miscellaneous Powers of Secretary of State.

      1. 57. Powers of Secretary of State as to medical examination and inspection.

      2. 58. Local inquiries.

      3. 59. Approval and carrying out of schemes.

      4. 60. Powers of Secretary of State to enforce duty of authorities and other persons.

   8. Miscellaneous Administrative Provisions.

      1. 61. Revocation and variation of orders and directions.

      2. 62. Regulations to be laid before Parliament.

      3. 63. Certificates of birth.

      4. 64. Notices.

      5. 65. Actuarial inquiry under 15 and 16 Geo. 5. c. 55.

5. PART IV Independent Schools.

   1. 66. Registration of independent schools.

   2. 67. Complaints.

   3. 68. Determination of complaints.

   4. 69. Enforcement of orders.

   5. 70. Removal of disqualifications.

   6. 71. Proceedings before Independent Schools Tribunals and matters relating thereto.

6. PART V General.

   1. Expenses of Secretary of State.

      1. 72. Expenses of Secretary of State.

   2. Educational Endowments.

      1. 73. Register of educational endowments.

      2. 74. Alteration of schemes under 45 and 46 Vict. c. 59.

      3. 75. Date of endowment accounts.

      4. 76. Amendment of 18 and 19 Geo. 5. c. 30.

      5. 77. Sale of land belonging to educational endowments.

   3. Promotion of Educational Developments.

      1. 78. Research.

      2. 79. Educational conferences.

   4. Evidence.

      1. 80. Provisions as to evidence.

   5. Savings.

      1. 81. Saving as to persons in the service of the Crown.

      2. 82. Saving as to lunatics, mental defectives, etc..

   6. Miscellaneous.

      1. 83. Effect of attendance notices on computation of working hours.

      2. 84. Adaptation of enactments relating to employment of children and young persons.

      3. 85. Exemption from rates.

      4. 86. Amendment of enactments.

      5. 87. Interpretation.

      6. 88. Repeal of obsolete enactments.

      7. 89. Citation, repeal and commencement.

7. SCHEDULES.

   1. FIRST SCHEDULE

      Articles incorporated in the Teachers Superannuation Scheme.

      1. 1. (1) Where/for the purpose of enabling a teacher to gain...

      2. 2. (1) Notwithstanding anything in any enactment, a teacher employed in...

      3. 3. (1) Subject to the provisions of this article, where a...

      4. 4. (1) Subject to the provisions of this article, where any...

      5. 5. (1) Where by virtue of section one of the Education...

      6. 6. A death gratuity shall not be payable to the legal...

   2. SECOND SCHEDULE

      Local Inquiries.

      1. 1. The Secretary of State shall appoint a commissioner to hold...

      2. 2. The commissioner shall notify the bodies and persons appearing to...

      3. 3. The commissioner may by notice in writing require any person—...

      4. 4. The commissioner may administer oaths and examine witnesses on oath...

      5. 5. The inquiry shall unless the Secretary of State otherwise directs...

      6. 6. Any person who refuses or wilfully neglects to attend in...

      7. 7. The Secretary of State may make orders as to the...

      8. 8. Any order by the Secretary of State under paragraph 7...

   3. THIRD SCHEDULE

      Constitution of Independent Schools Tribunals.

      1. 1. For the purpose of enabling Independent Schools Tribunals to be...

      2. 2. No officer of any government department and no person employed...

      3. 3. Any person appointed to be a member of the educational...

      4. 4. Where any complaint is required to be determined by an...

      5. 5. In this Schedule the expression " sheriff " does not...

   4. FOURTH SCHEDULE

      Minor and Consequential Amendments.

   5. FIFTH SCHEDULE

      Obsolete Enactments.

   6. SIXTH SCHEDULE

      Enactments Repealed.