Education (Scotland) Act 1980

• (b) at such times of the day as the authority thinks fit.

• (6) Any charge under subsection (4) must be the same for the same quantity of the food or drink provided.

• (7) A pupil falls within this subsection if—

• (a) the pupil is, or the parents of the pupil are, in receipt of—

• (i) income support,

• (ii) an income-based jobseeker's allowance (payable under the Jobseekers Act 1995),

• (iii) an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance),

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the parents of the pupil are in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999.

• (c) the pupil is, or the parents of the pupil are, in receipt of universal credit, either—

• (i) as an individual who is not a member of a couple, where the individual has earned income not exceeding £850 in the assessment period immediately preceding the application for a free school lunch being made, or

• (ii) as a member of a couple, where the couple have a combined earned income not exceeding £850 in the assessment period immediately preceding the application for a free school lunch being made.

In this subsection—

• “assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations 2013,

• “couple” has the meaning given in section 39 of the Welfare Reform Act 2012,

• “earned income” means the person’s earned income within the meaning of Chapter 2 of Part 6 of the Universal Credit Regulations 2013,

• “universal credit” means universal credit payable under Part 1 of the Welfare Reform Act 2012.

• (8) The Scottish Ministers may by regulations modify subsection (7) by—

• (a) adding a description of pupil by reference to—

• (i) any benefit or allowance received by the pupil, or the parents of the pupil, in such circumstances as may be prescribed in the regulations,

• (ii) any tax credit, or element of a tax credit, within the meaning of the Tax Credits Act 2002 received by the pupil, or the parents of the pupil, in such circumstances as may be so prescribed,

• (iii) the yearly stage of primary or secondary education of the pupil,

• (b) adding such other description of pupil as may be prescribed in the regulations.

• (9) An education authority must provide such facilities as the authority considers appropriate for the consumption of food or drink brought by pupils to schools or other educational establishments as mentioned in subsection (1)(a) under the management of the authority.

• (10) An education authority may provide or secure the provision of food or drink (including a school lunch) under this section—

• (a) on the premises of the schools or other establishments as mentioned in subsection (1)(a) where education is provided,

• (b) at any place where school education is provided under arrangements mentioned in subsection (1)(b), or

• (c) at any other place.

• (11) For the purposes of this section, a pupil for whom an education authority has made special arrangements under section 14 may, at the discretion of the authority, be deemed to be in attendance at a public school.

• (12) In this section and sections 53A and 53B, “school lunch” means anything provided, or the provision of which is secured, by an education authority under subsection (2) in the middle of the day which the education authority considers is appropriate for consumption as a meal at that time of the day.

Provision of clothing for pupils at public schools

54

• (1) When it is brought to the notice of an education authority that a pupil attending a school under their management ... is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided, the education authority shall make such provision for the pupil for the purpose of ensuring that he is sufficiently and suitably clad as they may deem necessary during such period while the pupil is attending school (including days when the school does not meet) as they may determine.

• (2) Where an education authority make provision for a pupil in pursuance of this section, they shall be entitled to recover from the parent of the pupil the expense thereby incurred or, if the authority are satisfied that the parent is unable without financial hardship to pay the whole of that expense, such part thereof, if any, as he is, in the opinion of the authority, able without financial hardship to pay.

• (3) Without prejudice to any powers conferred upon them by subsections (1) and (2) above, an education authority may provide clothing free of charge—

• (i) for any pupil who is a boarder at a school, or

• (ii) for any pupil in attendance at a nursery school or a nursery class,

under the management of the authority ....

• (4) For the purposes of this section—

• (a) a pupil on attaining the age of five years shall, pending his admission to school, be deemed to be attending a school under the management of the education authority in whose area he is ordinarily resident; and

• (b) a child or young person—

• (i) having additional support needs, and

• (ii) who is, for the purposes of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), a child or young person for whose school education an education authority are responsible by virtue of section 29(3)(b) of that Act,

shall be deemed to be attending a school under the management of that authority.

Provision of food and clothing for pupils at schools other than public schools

55

An education authority may, with the consent of the managers of any school in their area which is not a public school, and upon such financial and other terms, if any, as may be determined by agreement between the authority and the managers, make arrangements for securing—

• (a) the provision of milk, meals and other refreshment for pupils in attendance at the school; and

• (b) ... the provision, for any pupil in attendance at the school who is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education (including physical exercise) provided by the school, of such clothing as is necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil at the school.

Condition of provision of clothing by education authorities

56

Save as may be otherwise prescribed, provision of clothing by an education authority under any of the powers conferred by this Act may be made in such a way as to confer, at the option of the authority, either a right of property in the clothing or a right to use it only.

Health and cleanliness of pupils

Medical and dental examination and inspection

57

• (1) The Secretary of State may make regulations as to the conduct of medical and dental examinations and medical and dental inspections for the purposes of the performance of his duties under section 39 of the National Health Service (Scotland) Act 1978.

• (2) For the purpose of securing the proper medical or dental inspection of the pupils and young persons for whom there is a duty under the said section 39 to provide such inspection, an education authority may require the parent of any pupil in attendance at any school under their management to submit the pupil for medical or dental inspection in accordance with arrangements made by the appropriate Health Board in agreement with the authority; and the authority may require any young person in attendance at any educational establishment under their management to submit for such medical or dental inspection.

• (3) If any parent fails without reasonable excuse to comply with a requirement made by an education authority ... under subsection (2) above, he shall be guilty of an offence and shall be liable on conviction by a court of summary jurisdiction to a fine not exceeding £10level 1 on the standard scale.

• (4) In this section “the appropriate Health Board”, in relation to any pupil or young person, means the Health Board in whose area is situated the school, or other educational establishment at which the pupil or young person is in attendance.

Power to ensure cleanliness

58

• (1) An education authority may, by directions in writing issued with respect to all schools, and other educational establishments under their management or with respect to any of such schools, or establishments named in the directions ... authorise a medical officer of the appropriate Health Board to cause examinations to be made of the bodies and clothing of all or any of the pupils in attendance at such schools ... and young persons in attendance at such establishments whenever in his opinion such examinations are necessary in the interests of cleanliness.

• (2) Any such examination as aforesaid shall be made by such medical officer or by a person authorised in writing by him to make such examinations (in this section referred to as an “authorised person”), and, if the body or clothing of any pupil or young person is found upon such an examination to be infested with vermin or in a foul condition, the authority ... may serve upon the parent of such pupil or upon the young person a notice requiring the parent to cause the body and clothing of the pupil to be cleansed or the young person to cause himself and his clothing to be cleansed as the case may be.

• (3) A notice served under subsection (2) above shall inform the person upon whom it is served that, unless within the period limited by the notice, not being more than twenty-four hours after the service thereof, the body and clothing of the pupil or young person to whom the notice relates are cleansed to the satisfaction of the medical officer or an authorised person as may be specified in the notice, the cleansing thereof will be carried out under arrangements made by the education authority ...; and, if at the expiration of that period the medical officer or an authorised person is not satisfied that the body and clothing of the pupil or young person have been properly cleansed, the medical officer or an authorised person may issue an order directing that the body and clothing of the pupil or young person be cleansed under such arrangements. The order shall be sufficient to authorise any officer of the authority ... to cause the body and clothing of the pupil or young person named in the order to be cleansed in accordance with such arrangements, and for that purpose to convey him to the premises where the cleansing is to be carried out and to detain him there until such time as the cleansing has been completed.

• (4) It shall be the duty of the education authority ... to make arrangements for securing that any cleansing under this section, whether at the request of a parent or young person or in pursuance of an order issued under this section, may be carried out in suitable premises by suitable persons and with suitable appliances.

• (5) If after the cleansing of the body or clothing of any pupil or young person has been carried out under this section his body or clothing is again found to be infested with vermin or in a foul condition at any time while he is in attendance at such school, or other educational establishment, and it is proved that the condition of his body or clothing is due to neglect on the part of his parent, or, in the case of a young person in attendance at an educational establishment, to his own neglect, the parent or the young person, as the case may be, shall be liable on conviction by a court of summary jurisdiction in the case of a first conviction to a fine not exceeding £1, in the case of a second conviction to a fine not exceeding £5, and in the case of a third or subsequent conviction to a fine not exceeding £10 or to a term of imprisonment not exceeding one month or to both such fine and such imprisonment.

• (6) Where such a medical officer or authorised person has reason to believe that the body or clothing of any pupil or young person in attendance at such school, or other educational establishment is infested with vermin or in a foul condition, but action for the examination or cleansing thereof cannot immediately be taken, he shall so advise the authority ..., who may, if they consider it necessary so to do in the interests either of the pupil or young person or of other children or young persons in attendance at the school, or other educational establishment, direct that the pupil or young person be excluded from the school, or other educational establishment until such action has been taken; and such a direction shall be a defence to any proceedings under this Act in respect of the failure of the pupil or young person to attend school or to comply with the requirements of an attendance notice, as the case may be, on any day on which he is excluded in pursuance of the direction, unless it is proved that the issue of the direction was necessitated by the wilful default of the parent or of the young person.

• (7) No female shall be examined or cleansed under the powers conferred by this section except by a registered medical practitioner or by a woman authorised ?for that purpose by a medical officer of a Health Board.

• (8) In this section “the appropriate Health Board” has the same meaning as in section 57 of this Act.

Children requiring special education

Classification and educational arrangements

59

Functions of education authority in relation to ascertainment of handicapped children

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examination of children

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ascertainment by education authority of children requiring special education

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review by education authority of cases of children requiring special education

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference to Secretary of State of cases under ss. 62 and 63

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children who may benefit by local authority services after leaving school

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Administration and Finance

Central administration

Inspection of educational establishments

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local inquiries

67

The Secretary of State may cause a local inquiry to be held for the purpose of the exercise of any of his functions under this Act or any other enactment relating to education, and the provisions of Schedule 1 to this Act shall have effect with regard to any such inquiry.

Power to require submission to medical examination

68

Where any question is to be decided by the Secretary of State under this Act or under any rule, regulation or order made thereunder, then, if in the opinion of the Secretary of State the medical examination of any pupil or other person enrolled at an educational establishment would assist the determination of the question, the Secretary of State may by notice in writing served on the parent of that pupil, if the pupil is enrolled at a school, or on the pupil or other person himself if he is enrolled at another educational establishment, require the parent to submit him, or require the pupil or other personto submit himself, as the case may be, for such examination; and if any person on whom such a notice is served fails without reasonable excuse to comply with the requirements thereof, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Approval and carrying out of schemes

69

• (1) The Secretary of State may, after considering any representations made to him on the subject and the report of any local inquiry which may have been held under section 67 of this Act, approve, either as submitted or with such modifications and amendments as he thinks proper, any scheme or revised scheme or modification of an existing scheme (in this section referred to as “the scheme”) submitted to him under this Act by an education authority; and thereupon it shall be the duty of the education authority to carry the scheme into effect as so approved.

• (2) If an education authority inform the Secretary of State that they are aggrieved by his approval with modifications or amendments of the scheme, the Secretary of State shall cause the scheme as so approved to be laid before Parliament as soon as may be thereafter together with the report of any local inquiry which may have been held under section 67 of this Act. If either House of Parliament within the period of forty days beginning with the day on which the scheme is laid before it resolves that the approval of the scheme be annulled, the scheme as so approved shall cease to have effect, but without prejudice to anything previously done thereunder or to the submission and approval with or without modifications and amendments of any new scheme, revised scheme or modification of an existing scheme.

• (3) In reckoning any such period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

Powers to enforce duty of education authorities and other persons

70

• (1) If the Secretary of State is satisfied, either on complaint by any person interested or otherwise, that an education authority, ... the managers of a school or educational establishment, or other persons have failed to discharge any duty imposed on them by or for the purposes of this Act or of any other enactment relating to education, the Secretary of State may make an order declaring them to be in default in respect of that duty and requiring them before a date stated in the order to discharge that duty. If by the said date the education authority, ... managers or other persons have not discharged the duty, one or other of the following steps may be taken to secure the discharge thereof—

• (a) the Secretary of State may make such arrangements as he thinks fit for the discharge of the duty, and all expenses incurred by the Secretary of State in so doing shall be recoverable as a debt due by the authority, managers or other persons to the Secretary of State; or

• (b) the Court of Session may, on the application of the Lord Advocate, order specific performance of the duty.

• (2) Without prejudice to the generality of subsection (1) above, in that subsection the expression “ enactment ” includes—

• (a) an Act of the Scottish Parliament but only in so far as it is an Act which relates to school education; and

• (b) an order, regulation, rule or other instrument which has effect by virtue of an Act of the Scottish Parliament but only in so far as it is an instrument which so relates.

• (3) Despite subsection (2), no order under subsection (1) may be made in respect of a failure by an education authority that is of a type mentioned in subsection (4).

• (4) The types of failure are—

• (a) a failure mentioned in section 18(3) of the Education (Additional Support for Learning) (Scotland) Act 2004 (“the 2004 Act”) (references to an Additional Support Needs Tribunal for Scotland),

• (b) a failure in relation to a decision or information mentioned in section 18(3) of the 2004 Act,

• (c) a failure mentioned in section 18(5A) or (5B) of the 2004 Act,

• (d) where a failure mentioned in paragraph (a), (b) or (c) also constitutes a failure to discharge the duty imposed by section 4 of the 2004 Act, a failure under that section that is so constituted.

• (5) The Scottish Ministers may by regulations make provision for or in connection with the procedure to be followed in relation to—

• (a) the investigation of an alleged failure by an education authority, the managers of a school or educational establishment or other person to discharge a duty mentioned in subsection (1),

• (b) the determination of whether to make an order under that subsection.

• (6) Regulations under subsection (5) may—

• (a) include transitional, transitory or saving provision,

• (b) make different provision for different purposes.

• (7) Before making any regulations under subsection (5), the Scottish Ministers must consult such persons as they consider appropriate.

Advisory councils

Advisory councils

71

• (1) It shall be lawful for Her Majesty by Order in Council to establish an advisory council consisting, as to not less than two-thirds of the members, of persons qualified to represent the views of various bodies interested in education, for the purpose of advising the Secretary of State on educational matters, and the Secretary of State shall take into consideration any advice or representation submitted to him by the advisory council.

• (2) Provisions may be made in the said order for the appointment by the advisory council of special committees to deal with remits on particular subjects made to the council by the Secretary of State, for such special committees to be composed of persons nominated by the Secretary of State of whom some shall be members of the council and the remainder shall be persons having special knowledge or experience of the subjects of the respective remits, and for the reports of special committees to be submitted to the Secretary of State by the advisory council, who shall be entitled in submitting the reports to make such comments thereon as they think fit.

• (3) The Secretary of State may, after consultation with education authorities and other persons interested, by order establish a regional advisory council for any branch of education, to advise the education authorities and other managers of schools, and other educational establishments in the region as to the development of the branch of education for which the council is appointed.

Finance

Expenses of Secretary of State

72

• (1) The expenses incurred by the Secretary of State in the exercise of his functions under this Act shall, in so far as they are not met under section 1(2) of the Reorganisation of Offices (Scotland) Act 1939 or recovered by virtue of subsection (3), be defrayed out of money provided by Parliament.

• (2) Any sum by which any grants under this Act are increased by reason of the powers and duties conferred and imposed by the provisions of section 48 of this Act on education authorities shall be defrayed out of money provided by Parliament.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Secretary of State to make grants to education authorities and others

73

The Secretary of State may out of money provided by Parliament apply, in accordance with regulations made by him, such sums as he thinks necessary or expedient for any or all of the following purposes:—

• (a) the payment of grants to education authorities;

• (b) the payment of grants to universities;

• (c) the payment of grants to the managers of educational establishments;

• (d) the payment of grants to any other persons

• (i) for providing education or educational services;or

• (ii) in respect of expenditure incurred or to be incurred by them for the purposes of, or in connection with the provision (or proposed provision) of, education or educational services.

• (e) the payment of grants to persons to assist the carrying out of educational research;

• (f) the payment of allowances or loansto or in respect of persons

• (i) undertaking; or

• (ii) who have undertaken

courses of education;

• (g) providing for any other educational expenditure approved by him.

Payment of grants to be subject to conditions

74

• (1) The Secretary of State may by regulations make provision that any payment which he is required or authorised to make by or under this Act, except section 76 of this Act, shall be subject to such conditions as may be prescribed in or determined by him under the regulations, and that education authorities and other persons to whom such payments have been made shall comply with such requirements as may be specified in or determined by him under the regulations.

• (2) Where the Secretary of State is satisfied that the persons to whom any grant is payable under this Act are, by reason of the provisions of any trust deed or other instrument, unable to fulfil any condition or comply with any requirement imposed under this section, he may, after consultation with them, by order make such modifications of the said provisions as may be necessary for the purpose of enabling the said persons to fulfil that condition or comply with that requirement; and any such trust deed or other instrument shall, during such period as may be specified in the order, have effect subject to any modifications so made.

Examination of accounts

75

Save as may be otherwise prescribed, it shall be a condition of the payment by the Secretary of State of a grant to the managers of a school or other educational establishment not under the management of an education authority or to other persons providing educational services approved by the Secretary of State that the accounts of the income and expenditure of such managers or persons in respect of such school, educational establishment or service shall be set out according to a form prescribed by the Secretary of State and shall together with the relative vouchers and other documents be submitted for examination to the Secretary of State.

Industrial scholarships

76

• (1) The Secretary of State may award industrial scholarships or make payments to any other person in respect of the award of such scholarships by that person.

• (2) In this section “industrial scholarships” means scholarships (however described) tenable by persons undertaking full-time courses of higher education provided by a university, college or other institution in the United Kingdom, being courses which appears to the Secretary of State or, as the case may be, the person awarding the scholarships to be relevant to a career in industry.

• (3) In subsection (2) above the reference to a full-time course includes a reference to a course consisting of alternate periods of—

• (a) full-time study in the university, college or institution in question; and

• (b) associated industrial, professional or commercial experience;

and the reference in that subsection to a course provided by a university, college or institution in the United Kingdom includes a reference to a course provided by such a university, college or institution in conjunction with a university, college or other institution in another country.

Grant-aided colleges

Power of Secretary of State to make regulations with respect to certain institutions providing further education

77

Appointment of director of education

Appointment of director of education

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local administration

Education authorities may receive and administer bequests 80. Funds for behoof of public schools etc., to be transferred to education authorities

79

Every education authority shall be at liberty to accept any bequest or gift of property or funds for behoof of any school or other educational establishment under their management, whether generally or for the promotion of any particular branch or branches of education or instruction, or for increasing the income of any teacher, and it shall be the duty of the authority to administer such property, funds or money according to the wishes and intentions of the donors, and in such manner as to raise the standard of education and otherwise increase the educational efficiency of the school or other educational establishment intended to be benefitted.

Funds for behoof of public schools etc., to be transferred to education authorities.

80

• (1) Where property or money has been or shall be vested in any persons as trustees for behoof of a public school or other educational establishment under the management of an education authority, or for the promotion of any branch of education in such school or educational establishment, or to increase the income of any teacher therein, the free income of such property or money shall be accounted for and paid to the education authority, and shall be applied and administered by the education authority according to the trusts attaching thereto.

• (2) It shall be lawful for the education authority, with the approval of the Secretary of State, to vary or depart from the said trusts, with a view to increasing the efficiency of the school or educational establishment by raising the standard of education therein or by other means.

Trust funds to be kept separate

81

The amount of every property or fund held by an education authority on a separate trust shall be kept separate.

Reports by education authorities

82

Every education authority shall make such reports and returns and give such information to the Secretary of State as he may from time to time require.

Returns by registrars of births, deaths and marriages to education authorities

83

Every registrar of births, deaths, and marriages shall make to an education authority on a form to be provided by the authority such returns of particulars with regard to the births and deaths of children registered by him as may be required by the authority with the approval of the Registrar-General of Births, Deaths and Marriages in Scotland.

Certificates of birth

84

• (1) Where the age of any person is required to be ascertained or proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar of births, deaths and marriages having the custody of the register of births containing the entry relating to the birth of that person shall, upon being presented by any person with a written requisition in such form and containing such particulars as may be prescribed and upon payment of a fee of £9.00, supply that person with a copy of the entry certified under his hand.

• (2) Every registrar shall, upon being requested so to do, supply free of charge a form of requisition for the purposes of this section.

Presumption of age

85

Where in any proceedings under this Act the prosecutor alleges that any person whose age is material to the proceedings is under, of, or over, any age, then, unless the contrary is proved, the court may presume that person to be under, of, or over, the age alleged.

Admissibility of documents

86

In any legal proceedings any document purporting to be—

• (a) a document issued by an education authority, and to be signed by the proper officer of that authority . . .;

• (b) an extract from the minutes of the proceedings of an education authority or of any committee or sub-committee thereof, and to be signed by the chairman of the authority or of the committee or sub-committee or by the officer having the custody of the minutes;

• (c) a certificate giving particulars of the attendance of a pupil at a school , and to be signed by the head teacher of the school ;

• (d) a certificate issued by a medical officer of a Health Board, and to be signed by such officer;

• (e) a certificate issued by an education authority that an attendance order has been made by the authority and a copy thereof served upon the parent of the child to whom the order relates, and to be signed by the proper officer of the authority . . .; or

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall be received in evidence and shall, unless the contrary is proved, be deemed to be the document which it purports to be, and to have been signed by the person by whom it purports to have been signed, without proof of his identity, signature or official capacity, and any such extract or certificate as is mentioned in paragraph (b) (c) (d) or (e) above shall, in the absence of evidence to the contrary, be sufficient evidence of the matters therein stated.

Part IV — Teachers

Appointment, dismissal, retirement and employment of teachers

Appointment of teachers

87

The function of appointing teachers for service in public schools and other educational establishments under the management of an education authority shall be in the education authority, and every appointment shall be during the pleasure of the authority.

Dismissal of teachers

88

Age of retirement of teachers

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment of teachers

90

• (1) The Secretary of State may in regulations under section 2 or 74(1) of this Act prescribe that only registered teachers shall be employed or continue to be employed as teachers by education authorities , or managers of grant-aided schools, in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed.

• (2) It is hereby declared that the power of the Secretary of State to make regulations under section 1(2) of the Education (Scotland) Act 1962, as originally enacted, and as re-enacted as section 2 by the Education (Scotland) Act 1969 shall be deemed always to have included power on and after 1st November 1965 to prescribe in such regulations that only registered teachers shall be employed or continue to be employed as teachers by education authorities in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed.

• (3) For the avoidance of doubt, it is hereby declared that the power of the Secretary of State to make regulations under section 76(1) of the said Act of 1962 shall be deemed always to have included power on and after 1st November 1965 to prescribe in such regulations that only registered teachers shall be employed or continue to be employed as teachers by managers of educational establishments in the educational establishments to which the regulations apply, subject to such exceptions as may from time to time be so prescribed.

• (4) For the avoidance of doubt, it is hereby declared that in the Schools (Scotland) Code 1956, as amended by the Teachers (Education, Training and Registration) (Scotland) Regulations 1967, regulation 4(2) shall be construed as having always applied to teachers in employment on 1st April 1968, as well as to teachers taken into employment after that date.

Remuneration of teachers

Committees to consider remuneration of teachers

91

Review of remuneration by committees

92

Provision for arbitration

93

Action on recommendations of arbiters

94

Effect of orders as to remuneration

95

• (1) Where any order made under section 92(4) of this Act is for the time being in force, then, subject to subsection (2) below, remuneration to which the order applies shall be determined, and shall be paid to teachers by education authorities, in accordance with the scales and other provisions set out in the memorandum referred to in that order.

• (2) Where at any time while an order under section 92(4) of this Act (in this subsection referred to as " the principal order ") is in force, an order under subsection (6) of that section relating to remuneration to which the principal order applies (in this subsection referred to as " the amending order ") comes into force, then, at any time while the amending order is in force, remuneration to which the principal order applies shall be determined, and shall be paid to teachers by education authorities, in accordance with the scales and other provisions set out in the memorandum referred to in the principal order as amended by the amending order.

• (3) In this section any reference to subsection (4) or subsection (6) of section 92 of this Act includes a reference to that subsection as applied by section 94 of this Act.

Remuneration of teachers where scales do not apply

96

Where the scales and other provisions set out in a memorandum to which an order made under section 92, or that section as applied by section 94, of this Act refers do not apply to a teacher appointed by an education authority, the education authority may pay to that teacher such remuneration as they think fit.

Supplementary provisions as to orders relating to remuneration

97

Part V — Independent Schools

Registration of independent schools

98

• (1) The Secretary of State shall appoint one of his officers to be the Registrar of Independent Schools in Scotland (hereinafter in this Part of this Act referred to as “the Registrar”), and it shall be the duty of the Registrar to keep a register of independent schools, which shall be open to public inspection at all reasonable times, ...

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The Registrar shall record in the register—

• (a) in relation to every application under section 98A(1) of this Act for registration of an independent school, such information as the Scottish Ministers may direct;

• (b) in relation to any conditions imposed by virtue of this Part of this Act on the carrying on of a registered school, such information (including information relating to any variation and revocation of such conditions) as the Scottish Ministers may direct;

• (c) every order of an Independent Schools Tribunal or the Scottish Ministers imposing any disqualification under this Part of this Act; and

• (d) in relation to every registered school, such information relating to particulars prescribed under paragraph (a) of subsection (3) below—

• (i) furnished by virtue of that paragraph; and

• (ii) notified by virtue of paragraph (b) of that subsection,

to the Registrar as the Scottish Ministers may direct.

• (2A) Where an order removing any disqualification under this Part of this Act is made by—

• (a) the Scottish Ministers; or

• (b) the sheriff principal,

the Registrar shall remove the order imposing that disqualification from the register.

• (3) The Secretary of State shall make regulations—

• (a) prescribing the particulars information as to which is to be furnished to the Registrar by the proprietors of registered schools and the manner in which it shall be so furnished;

• (b) requiring the notification to the Registrar of any changes in such particulars;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) dealing with such incidental matters as the Secretary of State may deem expedient.

Complaints

99

• (1) If at any time the Secretary of State is satisfied that any registered ... school is objectionable upon all or any of the grounds mentioned in subsection (1A) below, the Scottish Ministers shall, subject to subsection (1B) below, serve on the proprietor of the school a notice of complaint.—

• (1A) The grounds referred to in subsection (1) above are

• (a) that efficient and suitable instruction is not being provided at the school, having regard to the ages and sex of the pupils attending thereat;

• (aa) that the welfare of a pupil attending the school is not adequately safeguarded and promoted there;

• (b) that the school premises or any parts thereof are unsuitable for a school;

• (c) that the accommodation provided at the school premises is inadequate or unsuitable, having regard to the number, ages and sex of the pupils attending the school;

• (d) that a condition imposed by virtue of this Part of this Act on the carrying on of the school is not being or has not been complied with;

• (e) that any part of the school premises is, by virtue of this Part of this Act, disqualified from being used as a school;

• (f) that any accommodation provided at the school premises is, by virtue of this Part of this Act, disqualified from being used as such or is being used as such for pupils of—

• (i) such number; or

• (ii) such age or sex,

from which use it is so disqualified;

• (g) that the proprietor of the school is—

• (i) by virtue of this Part of this Act, disqualified from being the proprietor of an independent school;

• (ii) barred from regulated roles with children;

• (iii) a prescribed person; or

• (iv) otherwise not a proper person to be the proprietor of an independent school;

• (h) that a teacher in the school is—

• (i) by virtue of this Part of this Act, disqualified from being a teacher in any school;

• (ii) barred from regulated roles with children;

• (iii) a prescribed person; or

• (iv) otherwise not a proper person to be a teacher in any school; or

• (j) that the proprietor of the school has not, in relation to particulars prescribed under paragraph (a) of section 98(3) of this Act—

• (i) furnished information required by virtue of that paragraph; or

• (ii) notified, by virtue of paragraph (b) of that subsection, a change in such particulars,

to the Registrar.

• (1B) The Scottish Ministers need not serve a notice of complaint under subsection (1) above where they are satisfied that they urgently require to make an order under section 100(2) of this Act.

• (1C) A notice of complaint is a notice—

• (a) stating the ground of the complaint together with the full particulars of the matter complained of; and

• (b) specifying—

• (i) the measures which, in the opinion of the Scottish Ministers, are necessary to remedy the matter complained of; and

• (ii) the period, beginning with the day on which the notice is served, before the expiry of which such measures require to be taken.

• (2) If it is alleged by any notice of complaint served under this section that any teacher in the school is—

• (a) disqualified as mentioned in sub-paragraph (i) or (ii) of subsection (1A)(h) above;

• (b) a prescribed person; or

• (c) otherwise not a proper person to be a teacher in any school,

that teacher shall be named in the notice and the particulars contained in the notice shall specify the grounds of the allegation, and a copy of the notice shall be served upon him at the same time as the notice is served.

• (3) The proprietor of a registered school may, before the expiry of the period mentioned in subsection (4) below, appeal to the sheriff principal against a notice of complaint.

• (4) The period referred to in subsection (3) above is—

• (a) the period of 28 days beginning with the day on which the notice of complaint is served; or

• (b) the period specified under subsection (1C)(b)(ii) above,

whichever is the shorter.

Determination of complaints

100

• (1) This section applies—

• (a) in a case where—

• (i) a notice of complaint has been served under section 99(1) of this Act;

• (ii) no appeal under section 99(3) of this Act has been made or such an appeal has been made and refused;

• (iii) the period specified in the notice has expired; and

• (iv) the Scottish Ministers are not satisfied that the proprietor of the school on whom the notice is served has taken satisfactory action to remedy the matter complained of;

• (b) in a case where—

• (i) such a notice has been served;

• (ii) such an appeal has been made but not determined; and

• (iii) pending such determination, the Scottish Ministers are satisfied that there is a serious risk of harm to a pupil attending the school; or

• (c) where, by virtue of section 99(1B) of this Act, no such notice has been served.

• (2) The Scottish Ministers may—

• (a) make an order directing the Registrar to remove the school from the register;

• (b) if satisfied that the school premises are or any part of them is unsuitable for use as a school, make an order disqualifying those premises or any part of them from being so used;

• (c) if satisfied that any accommodation provided at the school premises is inadequate or unsuitable, having regard to the number, ages and sex of the pupils attending the school, make an order disqualifying that accommodation from being used as such or from being used as such for pupils—

• (i) exceeding such number; or

• (ii) of such age or sex,

as the Scottish Ministers may specify;

• (d) make an order—

• (i) imposing such conditions on the carrying on of the school; or

• (ii) varying any such conditions imposed by virtue of this Part of this Act,

as the Scottish Ministers think fit; or

• (e) if satisfied that—

• (i) the proprietor is not a proper person to be the proprietor of an independent school; or

• (ii) a teacher in the school is not a proper person to be a teacher in any school,

make an order disqualifying that proprietor from being the proprietor of an independent school or, as the case may be, that teacher from being a teacher in any school.

• (3) Where the Scottish Ministers make an order under subsection (2) above, they shall, as soon as reasonably practicable after so doing, give notice to—

• (a) the proprietor;

• (b) where, under paragraph (e) of that subsection, an order is made disqualifying a teacher, that teacher;

• (c) the Registrar; and

• (d) any other person or body the Scottish Ministers think fit,

of the order.

• (3A) Subject to subsection (3C) below, the proprietor of an independent school may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (3)(a) above, appeal to the sheriff principal against an order under subsection (2) above.

• (3B) A teacher disqualified by an order under subsection (2)(e) above may, before the expiry of the period of 28 days beginning with the day on which that teacher is given notice under subsection (3)(b) above, appeal to the sheriff principal against the order.

• (3C) The proprietor of an independent school may not appeal against an order under subsection (2)(e) above disqualifying a teacher from being a teacher in any school.

• (4) Where by virtue of an order made under this Part of this Act any person is disqualified either from being the proprietor of an independent school or from being a teacher in any school, then, unless the order otherwise directs, that person shall, by virtue of the order, be disqualified both from being the proprietor of an independent school and from being a teacher in any school.

Enforcement of orders

101

• (1) Any person who carries on an independent school which is not registered shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

• (2) If any person uses

• (a) school premises which are or any part of such premises which is; or

• (b) any accommodation provided at such premises which is,

disqualified by virtue of any order made under this Part of this Act, that person shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale, or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

• (3) If any person acts as the proprietor of an independent school, ..., while he is disqualified from so acting ... by any such order as aforesaid, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale, or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

• (3A) If any person who is, by virtue of this Part of this Act, disqualified from being a teacher in any school—

• (a) endeavours to obtain a position as a teacher;

• (b) accepts such a position; or

• (c) teaches,

in any school, that person shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

• (4) For the purposes of the foregoing provisions of this Part of this Act, a person who is subject to or deemed to be subject to a direction given under section 142 of the Education Act 2002 (c. 32) shall be deemed to be disqualified from being the proprietor of an independent school or from being a teacher in any school ... by an order made under this Part of this Act.

Removal of disqualifications

102

• (1) If on the application of any person the Secretary of State is satisfied that any disqualification imposed by an order made under ... this Part of this Act is, by reason of any change of circumstances, no longer necessary, the Secretary of State shall by order remove the disqualification.

• (1A) The Scottish Ministers shall, as soon as reasonably practicable after making a decision under subsection (1) above, give notice to—

• (a) the applicant;

• (b) the Registrar; and

• (c) any other person or body the Scottish Ministers think fit,

of that decision.

• (2) Any person who is aggrieved by the refusal of the Secretary of State to remove a disqualification so imposed may, before the expiry of the period of 28 days beginning with the day on which the applicant is given notice under subsection (1A)(a) above, appeal to the sheriff principal against that refusal.

Proceedings before Independent Schools Tribunals and matters relating thereto

103

• (1) An appeal—

• (a) made under—

• (i) section 98C(6) of this Act;

• (ii) section 98C(7) against an order made under section 98B(2) or (3) of this Act;

• (iii) section 98E(5) of this Act;

• (iv) section 99(3) of this Act;

• (v) section 100(3A) against an order made under section 100(2)(a) to (d) of this Act; or

• (vi) section 102(2) of this Act against a refusal to remove a disqualification relating to school premises or accommodation provided at such premises,

shall be to the sheriff principal of the sheriffdom in which the school to which the appeal relates is situated; and

• (b) made under—

• (i) section 98C(7) against an order made under section 98B(4) of this Act;

• (ii) section 98C(8) of this Act;

• (iii) section 100(3A) against an order made under section 100(2)(e) of this Act disqualifying a proprietor;

• (iv) section 100(3B) of this Act; or

• (v) section 102(2) of this Act against a refusal to remove a disqualification relating to a proprietor or a teacher,

shall be to the sheriff principal of the sheriffdom in which the appellant resides or, if the appellant resides outwith Scotland, the sheriff principal of Lothian and Borders at Edinburgh.

• (2) Where the sheriff principal allows an appeal under section 98C(6)(a) of this Act, the sheriff principal—

• (a) shall make an order directing the Registrar to register the school; and

• (b) may make an order imposing such conditions on the carrying on of the school as the sheriff principal thinks fit.

• (3) On an appeal under section 98C(6)(b) or 98E(5) of this Act, the sheriff principal may, whether or not the sheriff principal allows or refuses the appeal, make an order—

• (a) imposing any condition on the carrying on of the school; or

• (b) varying or revoking any such condition imposed by virtue of this Part of this Act,

as the sheriff principal thinks fit.

• (4) On an appeal under section 99(3) of this Act—

• (a) where the sheriff principal allows the appeal, the sheriff principal shall make an order annulling the notice of complaint; and

• (b) where the Scottish Ministers have, pending the determination of the appeal, made an order under section 100(2) of this Act, the sheriff principal may make an order—

• (i) directing the Registrar to register the school;

• (ii) imposing such conditions on the carrying on of the school as the sheriff principal thinks fit;

• (iii) varying or revoking such conditions imposed by virtue of this Part of this Act as the sheriff principal thinks fit; or

• (iv) removing any disqualification imposed under section 100(2)(b), (c) or (e) of this Act.

• (5) Where, on an appeal under section 100(3A) of this Act—

• (a) the sheriff principal allows the appeal, the sheriff principal may make an order—

• (i) directing the Registrar to register the school;

• (ii) imposing such conditions on the carrying on of the school as the sheriff principal thinks fit;

• (iii) varying or revoking such conditions imposed by virtue of this Part of this Act as the sheriff principal thinks fit; or

• (iv) removing any disqualification imposed under section 100(2)(b), (c) or (e) of this Act; or

• (b) the sheriff principal refuses the appeal, the sheriff principal may make any order—

• (i) imposing such conditions on the carrying on of the school as the sheriff principal thinks fit; or

• (ii) varying or revoking such conditions imposed by virtue of this Part of this Act as the sheriff principal thinks fit.

• (6) Where the sheriff principal allows an appeal under section 98C(7) or (8), 100(3B) or 102(2) of this Act, the sheriff principal shall make an order removing the disqualification.

• (7) A person to whom an order made by the sheriff principal under subsections (2) to (6) above relates may, before the expiry of the period of 28 days beginning with the day on which the order is made, appeal on point of law only to the Court of Session.

Part VI — Reorganisation of Endowments

Register of educational endowments

104

• (1) It shall be the duty of the Secretary of State to keep a register of all educational endowments, which shall contain such information as may be prescribed, and shall be open to public inspection at all reasonable times.

• (2) Except as hereinafter provided, it shall be the duty of the governing body of every educational endowment , to furnish the Secretary of State with such information about the endowment as may be prescribed by regulations made by the Secretary of State in such manner as may be so prescribed.

• (3) This section shall not apply to a university endowment, to a theological endowment, or to the Carnegie Trust, and regulations made under this section may exempt any endowment or class of endowments from any of the provisions of this section.

Schemes for reorganisation of educational endowments

105

• (1) Subject to the provisions of this section, an education authority, whether upon an application made to them or not, may, if they think fit, prepare draft schemes for the future government and management of educational endowments, which schemes may provide—

• (a) for altering the purposes to which such endowments are applied or applicable and the conditions and provisions regarding such application;

• (b) for the application of the capital or income of such endowments to such educational purposes, mental oor physical, moral or social, as the education authority think fit having regard to the public interest and to existing conditions, social and educational: Provided always that the capital of any such endowment shall not be expended except on a purpose to which capital may properly be devoted;

• (c) for grouping, amalgamating, combining or dividing any such endowments;

• (d) for altering the constitution of the governing body of any such endowment, or uniting two or more existing governing bodies or establishing new governing bodies with such powers as shall seem necessary, and for incorporating any governing body, whether old or new, and for dissolving any governing body whose endowment is transferred to another governing body; and

• (e) for altering the powers as to the investment of the funds of any such endowment.

• (2) It shall be the duty of the education authority in reorganising any endowment in pursuance of the powers conferred by this Part of this Act to have special regard—

• (a) to the spirit of the intention of the founders as embodied either—

• (i) in the original deed constituting the endowment where it is still the governing instrument, or

• (ii) in the scheme approved under any Act, or in any provisional order affecting the endowment;

• (b) to the interest of the locality to which the endowment belongs;

• (c) to the possibility of effecting economy in administration by the grouping, amalgamation or combination of any two or more endowments; and

• (d) to the need for continuing the provision from endowments of competitive bursaries at universities, central institutions, colleges of education or other educational institutions of a similar character.

• (3) In every scheme which abolishes or modifies any privileges or educational advantages to which a particular class of persons is entitled, whether as inhabitants of a particular area or as belonging to a particular class in life or otherwise, the education authority shall have regard to the educational interests of such class of persons:

• (4) The powers of the education authority under this section shall not extend—

• (a) to a university endowment, or

• (b) to the Carnegie Trust, or

• (c) to a theological endowment, or

• (d) to a new endowment; , or

• (e) to an endowment which relates in whole or in part to an educational establishment not managed by the education authority who would, but for this paragraph, be empowered under this section to exercise in relation to that endowment the functions conferred by this section, or

• (f) to an educational endowment having no limitation either as to the area in which any educational establishment to which it relates is situated or as to the area in which any of its beneficiaries are required under its governing instrument to reside or with which they are so required to have some other connection.

• (4A) The Court of Session shall have power, on the petition of—

• (a) the governing body of any endowment to which subsection (4) above applies or, in the case of the Carnegie Trust, the Trustees;

• (b) in relation to an endowment to which paragraph (e) of that subsection applies and which relates only in part to an educational establishment not managed by the education authority referred to in that paragraph, the education authority, in respect of the part of the endowment in relation to which they would, but for the said paragraph (e), be empowered under this section to exercise the functions conferred by this section,

to give effect to draft schemes for the future government and management of the endowment or, as the case may be, the Trust, which schemes may provide for any of the purposes set out in paragraphs (a) to (e) of subsection (1) above and, in exercising the power conferred on it under this subsection, the Court shall have special regard to the matters specified in paragraphs (a) to (d) of subsection (2) above.

• (4B) Where a petition under subsection (4A) above relates to an endowment to which paragraph (e) of subsection (4) above applies and which relates only in part to an educational establishment not managed by the education authority referred to in that paragraph the Court of Session shall, before making an order under the said subsection (4A)—

• (a) where the petition was presented by any body referred to in paragraph (a) of the said subsection (4A), cause the petition to be served on the education authority;

• (b) where the petition was presented by an education authority under paragraph (b) of the said subsection (4A), cause the petition to be served on the governing body of the endowment to which the petition relates.

• (4C) The governing body of an endowment in relation to which an education authority are empowered under this section to exercise the functions conferred by this section may, if the authority refuse to exercise their power under subsection (1) above in relation to the endowment on the ground that such exercise would prejudice the proper discharge by them of their functions under this Act apart from this section or their functions as local authority under any enactment, present a petition to the Court of Session, and subsections (4A), (4B) and (4D) of this section shall apply to such a petition.

• (4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) After 30th June 1976 any reference in a scheme made or approved under Part VI of the Act of 1946 or under Part VI of the Act of 1962 (reorganisation of educational endowments)—

• (a) to a certificated teacher shall be construed as a reference to a teacher registered under the Public Services Reform (General Teaching Council for Scotland) Order 2011;

• (b) to a children’s committee shall be construed as a reference to a social work committee established under section 2(1) of the Social Work (Scotland) Act 1968;

• (c) to the Scottish Counties of Cities Association or to the Association of County Councils in Scotland shall be construed as a reference to the Convention of Scottish Local Authorities.

• (7) In this section, “education authority” means, in relation to an educational endowment, the education authority for the area in which any educational establishment to which the endowment relates is situated or, where the endowment relates to no particular such establishment, the education authority for the area in which the beneficiaries of the endowment are required under its governing instrument to reside or with which they are so required to have some other connection.

Sale of land belonging to educational endowments

106

• (1) Where it appears to the Court of Session to be desirable that a scheme under this Part of this Act should make provision for the sale of any land forming an endowment or part thereof and for the application of the proceeds of sale in accordance with the provisions of the scheme, but that such provision cannot be made by reason of the third proviso to section 2 of the School Sites Act 1841 (which provides that if any land granted in accordance with the provisions of that section ceases to be used for the purposes mentioned in that Act, the land shall revert to the grantor), or by reason of any condition of a similar nature relating to the land in any Act, deed or other instrument, the Court may order that the said proviso or condition shall not have effect in relation to the land:

• (a) that the person to whom the land would revert in accordance with the said proviso or condition cannot after due inquiry be found; or

• (b) that, if that person can be found, he has consented to relinquish his rights in relation to the land under the said proviso or condition, and that, if he has consented so to do in consideration of the payment of a sum of money to him, adequate provision can be made for the payment to him of that sum out of the proceeds of the sale of the land.

• (2) A scheme under this Part of this Act relating to any endowment which includes land in respect of which an order has been made under subsection (1) above may make provision for the payment out of the proceeds of the sale of the land of any sum which is payable to any person in consideration of the relinquishment of his rights in relation to the land under the said proviso or condition.

• (3) For the purposes of this section, any land conveyed under section 2 of the School Sites Act 1841, or held under a condition of the nature referred to in subsection (1) above, other than land forming the site or part of the site of an educational establishment under the management of an education authority or of any building ancillary to such an educational establishment, shall be deemed to be an educational endowment or part thereof notwithstanding anything in the third proviso to that section or in the said condition.

Educational endowments applicable in part to non-educational purposes

107

• (1) Where an endowment is an educational endowment to which the powers conferred by section 105 of this Act extend, and part of it is applicable or applied to other charitable purposes, the scheme shall be in conformity with the provisions of subsections (2) to (6) below (except so far as the governing body of such endowment assent to the scheme departing therefrom).

• (2) The proportion of the endowment or annual income for the time being derived therefrom which is applicable to such other charitable purposes shall not be diverted by the scheme from such purposes unless in the opinion of the education authority having power to exercise, in relation to that endowment, the functions conferred by section 105 of this Act—

• (i) there are no persons who are entitled to benefit out of such part of the endowment; or

• (ii) the purposes of such part of the endowment have become obsolete or useless.

• (3) The proportion of the endowment or annual income for the time being so applicable to such other charitable purposes shall be deemed to be the proportion which, in the opinion of the education authority, is the proportion which has according to the average of the five most recent years for which accounts are available been appropriated as regards capital or applied as regards income to such purposes, or if that proportion differs from the proportion which ought to have been so appropriated or applied according to the express directions of the instrument of foundation or the decree of any competent court or the statutes or regulations governing such endowment, the proportion applicable to such other charitable purposes shall be the proportion which ought, according to the express directions of such instrument, or such decree or such statutes or regulations, to have been appropriate or applied to such other charitable purposes.

• (4) If the proportion applicable to other charitable purposes amounts to or exceeds one half of the whole of the endowment, the governing body of such endowment existing at the date of the scheme shall, so far as regards its non-educational purposes, remain unaltered by the scheme.

• (5) Where the governing body remains so unaltered, that body shall pay or apply for educational purposes such proportion as under the former provisions of this section is applicable to those purposes, or such less sum as may be fixed by the education authority.

• (6) When any portion of the endowment or the annual income of such portion has been accumulated and not applied to any purpose, the education authority shall determine whether, and in what proportion, such portion or income is to be considered for the purposes of this section as having been appropriated or applied for educational purposes or for other charitable purposes.

• (7) Subject to the foregoing provisions of this section, the education authority shall have power by any scheme to deal with any such endowment, and with the governing body thereof, in the same manner in all respects as if it were an endowment applied wholly to educational purposes.

Non-educational endowments

108

• (1) Where the governing body of any endowment (not being an educational endowment) are of opinion that it is expedient that the endowment should be reorganised on any of the following grounds, that is to say:—

• (a) that there are no persons entitled to benefit out of the endowment; or

• (b) that the purposes of the endowment have failed altogether or have become obsolete or useless or prejudicial to the public welfare, or are otherwise sufficiently provided for, or are insignificant in comparison with the magnitude of the endowment, or are not substantially beneficial to the class of person for whom the endowment was originally intended; or

• (c) that it is impossible, owing to the inadequacy of the endowment or to the impracticable character of the founder’s intentions, to carry these intentions into effect,

the governing body may present a petition to the Court of Session to give effect to a draft scheme for the future government and management of the endowment and thereafter such endowment may be dealt with in all respects as if it were included amongst those specified in section 105(4) of this Act.

Provisions regarding interests of individuals

109

• (1) Where at 3rd August 1928, any individual held a vested interest in any office, place, employment, pension, compensation allowance, bursary or emolument under or arising out of an endowment being dealt with in a scheme, made under this Part of this Act, the education authority or, as the case may be, the Court shall in such scheme save or make due compensation for the said vested interest.

• (2) Every interest, right, privilege or preference which any person may acquire or may have acquired since 3rd August 1928, in or relative to any endowment, or in the governing body thereof, or as member of any such governing body, or in or relative to any office, place, employment, pension, compensation allowance, bursary or emolument in the gift of any such governing body, shall be subject to the provisions of any scheme made under this Part of this Act.

Provisions as to beneficiaries and teachers

110

• (1) In preparing a draft scheme for any endowment, the education authority shall—

• (a) provide that in making a selection from amongst those eligible for the benefits of the endowment, due regard shall be paid to educational need, diligence, attainment and promise as ascertained in such manner as the education authority shall determine, and

• (b) unless in any particular case they consider it inexpedient to do so, provide for extending to both sexes the benefit of the endowment.

• (2) Every scheme for an educational endowment shall make provision for the application in the case of the dismissal of a registered teacher of the provisions of section 88 of this Act, with the substitution of the governing body for the education authority, and with any other necessary modifications.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Any such scheme—

• (a) given effect to by the Court of Session; or

• (b) prepared by an education authority with respect to a school other than one which has been transferred to them under section 16 or provided under section 17(2) of this Act,may contain provision for the removal of any religious test or qualification applicable to teachers.

Accounts and audit of educational endowments

111

• (1) It shall be the duty of the governing body of every educational endowment administered under a scheme made by the Court of Session which provides for the audit of the accounts of that endowment , or administered under a provisional order made under the Act of 1878, or under a scheme made under the Act of 1882, the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962 or under this Part of this Act, other than any such endowment to which section 106(1) of the Local Government (Scotland) Act 1973, applies, to comply with the following provisions of this section.

• (2) The governing body of every endowment to which this section applies shall keep proper accounts and other records in relation to the functioning of that body, and shall prepare in respect of each financial year a statement of account

• (3) The accounts of every endowment to which this section applies shall be audited each year by an auditor appointed by the governing body ; and no person shall be appointed auditor as aforesaid unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The governing body of each endowment to which this section applies shall make the audited accounts of that endowment available for public inspection at all reasonable times.

• (7) Any provision in a governing instrument referred to in subsection (1) above prescribing the financial year of an endowment shall remain in operation notwithstanding the repeal by the Act of 1962 of section 11(2) of the Education (Scotland) Act 1956.

Procedure in preparation of reorganisation schemes

112

• (1) Before making a scheme for the reorganisation of any educational endowment an education authority shall prepare a draft scheme and shall—

• (a) send copies of the draft scheme to the governing body of the endowment to which it relates;

• (b) give notice of the draft scheme in accordance with subsection (1A) below and cause it to be published in such other manner, if any, as they think fit; and

• (c) permit public inspection of the draft scheme at such places and during such times as may be specified in the notice given by them under paragraph (b) above;

and the governing body of that endowment or any other person interested in the scheme may, not later than the expiry of the period of one month from the first notice of the draft scheme given by the authority under paragraph (b) above, send in writing to the education authority objections to the draft scheme, or proposed amendments thereto, or both.

• (1A) The notice to be given under subsection (1)(b) above—

• (a) shall be by way of advertisement in a newspaper circulating in the area in which each educational establishment to which the endowment relates is situated or, where the endowment relates to no particular educational establishment, the area in which the beneficiaries of the endowment are required under its governing instrument to reside or with which they are so required to have some other connection;

• (b) shall state that written objections to and proposed amendments of the scheme may be made in the manner specified in subsection (1) above; and

• (c) shall state the places and times at which the draft scheme may be examined under subsection (1)(c) above.

• (1B) The requirement under subsection (1A) above to give notice of the draft scheme by way of newspaper advertisement shall not apply in relation to an educational endowment of less annual value than £500 if, by giving notice in another manner, the education authority incur less expense.

• (2) If within the period referred to in subsection (1) above no objection and no proposed amendment to the draft scheme is received by them, the education authority may, by resolution of the authority authorising their proper officer to sign the scheme on their behalf, make the scheme in the terms of the draft scheme of which notice has been given under subsection (1) above and on doing so shall notify the date of commencement of the scheme to the governing body of the endowment.

• (3) If within the said period objections or proposed amendments to the draft scheme are received by them, the education authority shall consider those objections and proposed amendments , shall, if any of them were sent by any of the persons mentioned in subsection (7) below, hold a public local inquiry into such of them as are not withdrawn and may thereafter, if they think fit, by resolution of the authority authorising their proper officer to sign the scheme on their behalf, make the scheme in such form as they think expedient.

• (3A) Section 56 of the Local Government (Scotland) Act 1973 shall not apply to the making of a scheme by an education authority under subsection (2) or (3) above.

• (3B) The person appointed by the education authority to hold a public local inquiry under subsection (3) above shall not be a member or officer of the authority or a member or employee of the governing body of the endowment to which the scheme relates.

• (3C) Without prejudice to their duty to hold a public local inquiry in the circumstances mentioned in subsection (3) above, an education authority may, if they consider it appropriate, hold a public local inquiry into any matter to which they may properly address themselves in the exercise of their functions under this Part of this Act.

• (4) If an education authority make a scheme under subsection (3) above, they shall as soon as practicable thereafter—

• (a) give to the persons who made the objections or, as the case may be, proposed the amendments to the draft scheme notice in writing of their decision with respect to those objections or amendments, together with a statement in writing of the reasons for their decision;

• (b) send copies of the scheme to the governing body of the endowment to which it relates;

• (c) cause notice of the scheme to be given in accordance with subsection (1A)(a) and (c) above, containing a statement that, unless not later than the expiry of the period of one month from the first such notice a petition or appeal is presented to the Court of Session in accordance with the following provisions of this section, the scheme will come into operation on such date as the notice may specify, being not less than one month after the date of the first such notice.

• (5) If no petition or appeal is presented to the Court of Session in accordance with the following provisions of this section, the scheme shall come into operation on the date specified in the notice under subsection (4)(c) above.

• (5A) If a petition or appeal is presented to the Court of Session in accordance with the following provisions of this section and is refused by the Court, the Court shall make such order as it thinks fit as respects the commencement of the scheme.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) If within the period of one month from the date of the notice given under subsection (4) above a petition or appeal is presented to the Court of Session by any of the persons mentioned below, the scheme referred to in that notice shall thereby be suspended and the Court may amend the scheme and make it as so amended or may make a new scheme and for those purposes the Court—

• (a) shall have the like powers as are conferred by this Part of this Act on an education authority regarding schemes for the future government and management of educational endowments, and

• (b) may make such orders as it thinks fit as respects notification and commencement of the amended or new scheme.

The persons referred to above are—

• (i) the governing body of the endowment to which the scheme relates,

• (ii) the council of any district directly affected by the scheme,

• (iii) any education authority directly affected by the scheme,

• (iv) any ratepayers (not being less than twenty) of any district or place directly affected by the scheme,

• (v) any person having a vested interest in the said endowment or any part of it.

• (8) If within the said period an appeal is presented to the Court of Session by—

• (a) the governing body of the endowment to which the scheme refers, or any other person directly affected by the scheme, on the ground that the scheme is not within the scope of, or is not made in conformity with, this Part of this Act, or

• (b) any person holding any office, place or employment, or receiving any pension, compensation, allowance, bursary or emolument, under or arising out of the endowment to which the scheme relates, on the ground that the scheme does not comply with the provisions of this Part of this Act as to saving or making due compensation for his vested interests,

and the Court of Session decides that the scheme is contrary to law on any of the grounds mentioned in paragraphs (a) and (b) above, the education authority shall rescind their decision to make the scheme but may, if they think fit, make an amended scheme in such form as they think expedient, and the provisions of subsections (4) to (7) above, and of this subsection, shall apply in relation to an amended scheme made under this subsection as they apply to a scheme made under subsection (3) above.

• (9) Where an education authority cause a draft scheme or a scheme to be publicised under this section, they shall cause to be prefixed to that draft scheme or scheme a memorandum setting out—

• (a) the reasons why, in their view, the reorganisation of the endowment to which the draft scheme or scheme relates is necessary;

• (b) the respects in which the draft scheme or scheme involves any substantial alteration of the purposes to which the said endowment is applied or applicable; and

• (c) the reasons for any such alteration;

and for the purposes of the provisions of this section relating to publication, that memorandum shall be deemed to be part of the draft scheme or scheme, as the case may be.

Procedure in preparation of reorganisation schemes by Scottish Universities Committee of Privy Council by virtue of s. 105(5)

113

Effect of schemes

114

• (1) Any scheme made or given effect to under the foregoing provisions of this Part of this Act shall have effect in the same manner as if it had been enacted in this Act, and accordingly, from the date of commencement of the scheme, any enactment, letters patent, deed, instrument, trust or direction relating to the subject-matter of the scheme, so far as inconsistent with the provisions thereof, shall cease to have effect.

• (2) An instrument containing or giving effect to a scheme, under this Part of this Act shall , from the date of commencement of the scheme, be conclusive evidence that that scheme is within the scope of, and was made in conformity with, this Act, and the validity of the scheme shall not , from the said date, be questioned in any legal proceedings whatever.

• (3) Each of the powers to make schemes conferred by this Part of this Act implies power exercisable in the same manner and subject to the same conditions or limitations to revoke, amend or re-enact any scheme made under that power.

Schemes for small endowments

115

Amending schemes

116

Schemes may be from time to time made or approved for amending any scheme made or approved under the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962, or this Part of this Act, and all the provisions of this Part of this Act relative to an original scheme shall, with any necessary modifications, apply also to an amending scheme.

Cost of publishing scheme etc.

117

The cost of publicising and circulating any draft scheme, or scheme, or amended scheme, under this Part of this Act shall be paid out of the funds of the endowment or endowments to which the same relates:

Reports by governing body

118

Every governing body of an endowment to which section 105 of this Act extends shall give such information to the education authority having power under that section to prepare a scheme for the future government and management of the endowment as the authority may from time to time require.

Quorum of governing body

119

The majority of members of a governing body who are present at a meeting of their body duly constituted shall have power to do anything that may be required to be done by a governing body for the purposes of this Part of this Act:

Provision for default of governing body

120

• (1) If the governing body of any educational endowment to which section 105 of this Act does not extend fail to give effect to the provisions of any provisional order or of any scheme made or approved under the Act of 1882, the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962 or this Part of this Act prior to the commencement of section 15 of the Education (Scotland) Act 1981, it shall be lawful for the Secretary of State, after such inquiry as he shall think proper, to send a requisition to such governing body, requiring them to give effect to the provisions of the provisional order or scheme, and the governing body shall comply with the said requisition within such time as may be specified in the requisition, and, if they fail, may be summarily compelled to do so by the Court of Session, on the application of the Lord Advocate.

• (2) In relation to any educational endowment to which section 105 of this Act extends, subsection (1) above shall apply—

• (a) with the omission of the words “to which section 105 of this Act does not extend” and the words “prior to the commencement of section 15 of the Education (Scotland) Act 1981”; and

• (b) with the substitution for the words “Secretary of State after such inquiry as he” of the words “education authority having power under section 105 of this Act to prepare a draft scheme for the future government and management of the endowment, after such inquiry as they”.

Judgment of Court of Session final

121

In any proceeding before the Court of Session authorised by this Part of this Act—

• (a) the judgment or deliverance of the Court other than one giving effect under section 105(4) of this Act to a draft scheme for the future government and management of an endowment or the Carnegie Trust shall be final and not subject to review; and

• (b) the Court shall dispose of all questions of expenses, and may, if they think fit, direct the expenses or any part thereof to be paid out of the funds of the educational endowment to which the proceeding relates:

Interpretation of Part VI

122

• (1) In this Part of this Act, unless the context otherwise requires—

• “the Act of 1878” means the Endowed Institutions (Scotland) Act 1878;

• “Carnegie Trust” means the property vested in the Carnegie Trustees for the Universities of Scotland;

• “charitable purposes” has the same meaning as in the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);

• “educational endowment” means any endowment which has been applied or is applicable in whole or in part, whether by the declared intention of the founder, or by the consent of the governing body, or in pursuance of any scheme approved under any Act or of any provisional order or by custom or otherwise, to educational purposes;

• “educational purposes” includes—payments towards the cost of professional training and apprenticeship fees,the provision of maintenance, clothing and other benefits, andthe payment of grants for travel;

• “endowment” means any property, heritable or moveable, dedicated to charitable purposes, but shall not, except with the consent of the governing body, include the funds, whether capital or revenue, of any incorporation or society contributed or paid by the members of such incorporation or society by way of entry moneys or other fixed or stated payments, nor burgess or guildry fines paid to any such incorporation or society, nor funds bequeathed or given to any such incorporation or society for the benefit solely of members or widows or families of members of such incorporation or society;

• “governing body” means the managers, governors or trustees of any endowment or other person having the administration of the revenue thereof;

• “governing instrument” means, with regard to any endowment, the scheme approved under any Act or any provisional order or made under section 17 of the Local Government etc. (Scotland) Act 1994, in accordance with which the endowment is governed and managed or, where there is no such scheme or provisional order, the deed constituting the endowment;

• “provisional order” means provisional order confirmed by Act of Parliament and provisional order made under the Act of 1878;

• “theological endowment” means an endowment solely or mainly applicable or applied for the purposes of theological instruction or belonging to any theological institution;

• “university endowment” means an endowment vested in, or administered by, or in the gift of any of the universities of Scotland or any of the colleges of such universities.