Education (Scotland) Act 1980

• (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.

• (2) An educational endowment shall be deemed to be a “new endowment” until the expiry of twenty years from the date when the deed creating the endowment comes into operation, so, however, that where part of an endowment has been given at one time and another part has been given at a later time and the two portions cannot in the opinion of the Court of Session be conveniently separated from each other, the date of the older part of the endowment shall be held to be the date of the endowment.

• (3) Any reference in this Act to the endowment to which a scheme under this Part of this Act relates shall, in the case of a scheme relating to more than one endowment, be construed as a reference to every endowment, or (as the context may require) to any endowment, to which the scheme relates.

• (4) This Part, apart from section 104, does not apply in relation to any endowment which may be reorganised by virtue of section 42(6) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).

Part VII — Miscellaneous Provisions

Employment

Work experience in last year of compulsory schooling

123

• (1) Subject to subsection (2) below, the enactments relating to the prohibition or regulation of the employment of children shall not apply to the employment of a child to whom this subsection applies where the employment is in pursuance of arrangements made or approved by the education authority ... with a view to providing him with work experience as part of his education.

• (2) Subsection (1) above shall not be taken to permit the employment of any person in any way contrary to—

• (a) an enactment which in terms applies to persons of less than, or not over, a specified age expressed as a number of years; or

• (b) section 1(2) of the Employment of Women, Young Persons and Children Act 1920 or section 55(1) of the Merchant Shipping Act 1995 (prohibition of employment of children in ships).

• (3) No arrangements shall be made under subsection (1) above for a child to be employed in any way which would be contrary to an enactment prohibiting or regulating the employment of young persons if he were a young person (within the meaning of that enactment) and not a child; and where a child is employed in pursuance of arrangements so made, then so much of any enactment as regulates the employment of young persons (whether by excluding them from any description of work, or prescribing the conditions under which they may be permitted to do it, or otherwise howsoever) and would apply in relation to him if he were of an age to be treated as a young person for the purposes of that enactment shall apply in relation to him, in and in respect of the employment arranged for him, in all respects as if he were of an age to be so treated.

• (4) subsection (1) above applies to a child undergoing compulsory education during the period between 1st May in the calendar year before the calendar year in which he attains the upper limit of school age and the end of the latter year.

Effect of attendance notices on computation of working hours

124

Adaptation of enactments relating to employment of children and young persons

125

For the purpose of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not for the purposes of this Act over school age shall be deemed to be a child within the meaning of that enactment.

Careers services of education authorities

Provision of services by education authorities

126

Records of vocational advice

127

Control of education authorities by Secretary of State

128

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

Examinations Board

Establishment of board to conduct examinations, etc.

129

Savings and exceptions

Saving as to persons in the service of the Crown

130

No power or duty conferred or imposed by this Act on the Secretary of State, on education authorities, on parents or on young persons shall be construed as relating to any child or young person who is employed by or under the Crown in any service or capacity with respect to which the Secretary of State certifies that, by reason of the arrangements made for the education of children and young persons employed therein, the exercise and performance of those powers and duties with respect to such children and young persons is unnecessary.

Saving as to persons suffering from mental disorder and persons detained by order

131

• (1) Unless the context otherwise requires, no power or duty conferred or imposed by this Act on the Secretary of State, on education authorities or on parents or young persons shall be construed as relating to any person to whom this section applies:

• (2) The persons to whom this section applies are—

• (a) any person who is detained in pursuance of an order made by any court(other than an order so made under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)) or of an order of recall made by the Secretary of State;

• (b) any child subject to a compulsory supervision order requiring him to reside in a residential establishment where education is provided.

• (3) In this section—

• “compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1),

• “residential establishment” has the meaning given by paragraph (a) of the definition of that expression in section 202(1) of that Act.

General

Amendment of enactments

132

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

• (2) Any reference in an enactment passed before 2nd July 1945 to a school in receipt of a parliamentary grant shall, unless the context otherwise requires, be construed as a reference to a school other than an independent school.

Regulations, etc.

133

• (1) Any power conferred by this Act on the Secretary of State to make regulations shall be exercisable by statutory instrument.

• (2) Subject to subsections (2XA) to (2C) below, any statutory instrument containing regulations made by the Secretary of State under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2XA) Subsection (2) does not apply to any regulations under section 2ZA(1), (4)(c) or (10), or under the definition of “learning hours” in section 2ZA(12); and such regulations are subject to the affirmative procedure.

• (2YA) Subsection (2) above shall not apply to any regulations under subsection (8) of section 53 that modify subsection (7) of that section as mentioned in subsection (8)(a)(iii) or (b) of that section, nor to any regulations under section 53ZA(1) or 54A(1); and such regulations shall be subject to the affirmative procedure.

• (2ZA) Subsection (2) shall not apply to the first regulations to be made under section 56A(1); and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the Scottish Parliament.

• (2A) Subsection (2) above shall not apply to the first regulations to be made under section 73(f) of this Act with respect to loans; and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

• (2B) Subsection (2) above shall not apply to any regulations under section 73(f) of this Act with respect to loans, other than the regulations mentioned in subsection (2A) above, where a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

• (2BA) Subsection (2) above shall not apply to any regulations under—

• (a) section 2 or 74(1) that make provision such as is mentioned in section 90A, or

• (b) section 98DA(1);

and such regulations shall be subject to the affirmative procedure.

• (2C) Subsection (2) above shall not apply to any regulations under section 98A(6) of this Act defining “prescribed person”; and no such regulations shall be made unless—

• (a) the Scottish Ministers have consulted such persons as they think fit on a draft of the statutory instrument containing the regulations; and

• (b) such a draft has been laid before, and approved by resolution of, the Scottish Parliament.

• (2D) Regulations under section 98A(6) of this Act defining “prescribed person” may—

• (a) make different provision for different purposes,

• (b) make supplementary, incidental, consequential, transitional, transitory or saving provision,

• (c) modify any enactment.

• (2E) In subsection (2D), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

• (3) Any direction given by the Secretary of State or an education authority under the provisions of this Act may be varied or revoked by a further direction given by the Secretary of State or that authority, as the case may be:

• (4) If it appears to the Secretary of State, on an application in that behalf made to him—

• (a) in relation to regulations made under section 2 or section 19(1) of this Act, by an education authority;

• (aa) in relation to regulations made under section 2ZA(1), by an education authority or the managers of a grant-aided school;

• (b) in relation to regulations made under section 74(1) of this Act, by any education authority or other person to whom any grant is payable under this Act;

that it is unreasonable that any provision of those regulations should apply in relation to the authority, managers or person or to such educational establishment under the management of the authority, managers or person as may be specified in the application, or should so apply without modification, he may, subject to subsection (5) below, direct that the said provision shall not apply in relation to the authority, managers or person or that educational establishment or, as the case may be, shall so apply subject to such modification as may be specified in the direction.

• (5) A direction under subsection (4) above—

• (a) may be given either unconditionally or subject to such conditions as may be specified in the direction;

• (b) shall not be given in respect of any provision of any regulations which is described in those regulations as not being subject to the giving of a direction under this section;

• (c) may be varied or revoked by a subsequent direction given by the Secretary of State either of his own accord or on the application of the education authority , managers or other person on whose application the original direction was given.

Notices

134

• (1) Subject to the provisions of this section, any notice required or authorised by this Act to be served or given to any person may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it to him by post.

• (2) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service by post) in its application to this section, the proper address of a person on or to whom any such notice as aforesaid is to be served or given shall, in the case of an education authority, be the address of any office of that authority and, in any other case, be the last known address of the person on or to whom the notice is to be served or given.

• (3) Any notice which, in accordance with the provisions of subsection (1) above, is left for a person at his proper address shall, unless the contrary is proved, be presumed to have been received by him on the day on which it was left there.

Interpretation

135

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

• “additional support needs” and references to any child or young person having such needs shall be construed in accordance with section 1(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4);

• “the Act of 1882” means the Educational Endowments (Scotland) Act 1882;

• “the Act of 1918” means the Education (Scotland) Act 1918;

• “the Acts of 1928 to 1935” means the Educational Endowments (Scotland) Acts 1928 to 1935;

• “the Act of 1937” means the Children and Young Persons (Scotland) Act 1937;

• “the Act of 1946” means the Education (Scotland) Act 1946;

• “the Act of 1962” means the Education (Scotland) Act 1962;

• “attendance order” has the meaning assigned to it by section 38 of this Act;

• “barred from regulated roles with children” has the meaning given in section 98A(6) of this Act;

• ...

• “central institution” means an educational establishment for the provision of further education recognised as a central institution by regulations made by the Secretary of State;

• “child” means a person who is not over school age;

• “clothing” includes boots and other footwear;

• . . .

• “dental examination” means examination by a registered dentist, so however that in conducting an examination of any such class as may be prescribed, such dentist may be assisted by other persons having such special qualifications or experience as may be prescribed;

• “dental inspection” and “dental supervision” mean, respectively, inspection and supervision by a registered dentist;

• “dental treatment” includes prevention and treatment of dental diseases by or (so far as permitted by law) under the direction of any registered dentist, and the supply of appliances on the recommendation of such dentist, but does not, in relation to any pupil other than a pupil receiving school education elsewhere than at a school under arrangements made by an education authority under section 14 of this Act, include treatment in that pupil’s home;

• “early learning and childcare” has the same meaning as in Part 6 of the Children and Young People (Scotland) Act 2014;

• ...

• “education authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and “area” in relation to an education authority shall be construed accordingly;

• “educational establishment”—means a school and any institution for the provision of any form of further education and the premises of such school, or institution, andwithout prejudice to the foregoing generality, includes a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992, a central institution, . . . a hostel used mainly by pupils attending such schools or institutions, and a residential institution conducted under a scheme under the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962 or Part VI of this Act, butdoes not include a university, a theological college, a hostel or other residence used exclusively by students attending a university or a theological college, or a club or other centre conducted by a voluntary society or body for the purpose of providing facilities for social, cultural or recreative activities or for physical education or training unless the society or body are in receipt of a grant from the Secretary of State or of a contribution from an education authority or have obtained the consent of the Secretary of State to the club or centre being treated in all respects as an educational establishment;

• “employment” includes employment in any labour exercised by way of trade or for purposes of gain whether the gain be to the child or to the young person or to any other person, and a person who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour; and “employ” shall be construed accordingly;

• “employer” includes a parent who employs his children;

• “enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act;

• ...

• “functions” includes powers and duties;

• “further education” includes the forms of instruction, occupation and teaching described in section 1(5)(b) of this Act;

• “Gaelic language”, “Gaelic learner education” and “Gaelic medium education” have the meanings given by section 1(6) of this Act,

• “grant-aided school” means a school in respect of which grants are made by the Secretary of State to the managers of the school other than (a) grants in aid of the employers’ contributions provided for in Teachers (Superannuation) Regulations, and (b) sums paid under a scheme under section 75A of this Act, or by virtue of section 75B of this Act, but does not include a public school ... or a technology academy (within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989);

• “Health Board” means a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;

• “independent school” means a school at which full-time education is provided for ... pupils of school age (whether or not such education is also provided for pupils under or over that age), not being a public school or a grant-aided school;

• ...

• “managers”, in relation to an educational establishment, means the governing body, trustees, or other person or body of persons responsible for the management of the establishment but does not include an education authority;

• “medical examination” means examination by a registered medical practitioner: Provided that in conducting an examination of any such class as may be prescribed, such practitioner may be assisted by other persons having such special qualifications or experience as may be prescribed;

• “medical inspection” and “medical supervision” mean, respectively, inspection and supervision by or under the directions of a registered medical practitioner;

• “medical treatment” includes prevention and treatment of diseases by any registered medical practitioner, and the supply of appliances on the recommendation of such practitioner, but does not, in relation to any pupil other than a pupil receiving school education elsewhere than at school under arrangements made by an education authority under section 14 of this Act, include treatment in that pupil’s home;

• “nursery schools” and “nursery classes” are schools and classes which provide early learning and childcare;

• “officers” includes servants;

• “parent” includes guardian and any person who is liable to maintain or has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to, or has care of a child or young person;

• “placing request” has the meaning assigned to it by section 28A(1) of this Act;

• ...

• “premises” in relation to any educational establishment includes the site of such establishment, any building in which pupils attending such establishments are boarded whether managed by the managers of such establishment or by any other person by arrangement with such managers, and any playing fields used in connection with such establishment whether contiguous to or detached therefrom;

• “prescribed” means prescribed by the Secretary of State;

• “proprietor” in relation to an independent school means the managers of such school, and for the purposes of the provisions of this Act relating to applications for the registration of independent schools includes any person or body of persons proposing to be the managers;

• ...

• ...

• “public school” means any school under the management of an education authority;

• “pupil”, where used without qualification, means a person of any age for whom education is or is required to be provided under this Act; and a pupil shall be deemed to be attending or in attendance at a school if he is shown by the register of admission and withdrawal kept at the school in accordance with regulations made under this Act, or by any other register approved by the Secretary of State and kept for a similar purpose, to have been admitted to, but not to have been withdrawn from, or to have been readmitted to, and not thereafter to have been withdrawn from, the school; and similar expressions, whether relating to schools or to other educational establishments, shall be similarly interpreted;

• ...

• “registered school” means an independent school which is registered in the register of independent schools ...;

• “registered teacher” means a teacher registered under the Public Services Reform (General Teaching Council for Scotland) Order 2011;

• . . .

• ...

• “school” means an institution for the provision of primary or secondary education or both primary and secondary education being a public school, a grant-aided school ... or an independent school, and includes a nursery school and a special school; and the expression “school” where used without qualification includes any such school or all such schools as the context may require ;

• “school age” shall be construed in accordance with section 31 of this Act;

• ...

• “school education” has the meaning assigned to it by section 1(5)(a) of this Act;

• ...

• ...

• “special school” has the meaning given in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)

• “specified school” has the meaning assigned to it by section 28A(1) and (2) of this Act;

• ...

• “teachers’ superannuation regulations” means regulations made under section 9 of the Superannuation Act 1972;

• “young person” means a person over school age who has not attained the age of eighteen years.

• (2) Any reference in any enactment or other instrument (including this Act and, unless the contrary intention appears, any enactment or other instrument passed or made after the commencement of this Act) to—

• (a) primary education shall be construed as a reference to school education of a kind (i) which is appropriate in the ordinary case to the requirements of pupils who have not attained the age of twelve years; ; and (ii) which is, in the case of a pupil having additional support needs, within the provision made for the purpose of meeting those needs until he is transferred to the stage of secondary education;

• (b) secondary education shall be construed as a reference to school education of a kind (i) which is appropriate in the ordinary case to the requirements of pupils who have attained that age; ; and (ii) which is, in the case of a pupil having additional support needs, within the provision made for the purpose of meeting those needs until he ceases to be of school age or to receive school education, whichever is the later.

and any reference in any such enactment or other instrument as aforesaid to primary or secondary schools or departments or classes shall be construed accordingly.

Transitional and savings provisions, amendments and repeals

136

• (1) The transitional and savings provisions set out in Schedule 3 to this Act shall have effect.

• (2) The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the consolidation under this Act.

• (3) The enactments set out in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

137

• (1) This Act may be cited as the Education (Scotland) Act 1980.

• (2) Subject to subsections (3) and (4) below, this Act shall come into force on the expiry of the period of one month beginning with the date on which it is passed.

• (3) The provisions of this Act set out in Schedule 6 shall, to the extent there specified, come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

• (4) Subsections (5) to (7) of section 23 of this Act shall come into force on such date as the Secretary of State may by order appoint.

• (5) Any order under subsection (4) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions, or of any other provision mentioned in that subsection then in force, as appear to him to be necessary or expedient for the purpose or in consequence of the operation of any such provision before the coming into force of any other such provision.

• (5) This Act extends to Scotland only.

SCHEDULE 1

1

The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.

2

The person appointed shall notify the bodies and persons appearing to him to be interested of the time when and the place where the inquiry is to be held.

3

The person appointed may by notice in writing require any person—

• (a) to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry; or

• (b) to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the person appointed may think fit and as the person so required is able to furnish:

4

The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person supported by a declaration of the truth thereof in such form as the person appointed may require.

5

The inquiry shall unless the Secretary of State otherwise directs be held in public.

6

Any person who refuses or wilfully neglects to attend in obedience to a notice issued under paragraph 3 above, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required to produce by any such notice, or who refuses or wilfully neglects to comply with any requirement of the person appointed to hold the inquiry under paragraph 3 above, shall be liable on summary conviction to a fine not exceeding £20 or to imprisonment for a period not exceeding three months.

7

The Secretary of State may make orders as to the expenses incurred by the parties appearing at the inquiry and as to the parties by whom such expenses shall be paid.

8

Any order by the Secretary of State under paragraph 7 above requiring any party to pay expenses may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

SCHEDULE 2

1

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

2

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

3

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

4

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

5

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

SCHEDULE 3

General

1

Where any document refers expressly or by implication to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

2

Any reference in any provision of this Act (whether expressed or implied) to a thing done or falling to be done under a provision of this Act shall, in so far as the context permits, be construed as including, in relation to times, circumstances and purposes in relation to which a corresponding provision of an enactment repealed by this Act had effect, a reference to a thing done or falling to be done under that corresponding provision.

Children Requiring Special Education

3

Any reference in any enactment or other instrument passed or made before the commencement of the Education (Scotland) Act 1969 to special educational treatment shall be construed as a reference to provision for recorded children.

4

Any decision, made under the Act of 1962 before the commencement of the said Act of 1969 by an education authority to the effect that a child requires special educational treatment, which is in force at such commencement, shall continue in force and be deemed to be a decision under section 62 of this Act (duly notified to the parents of a child under subsection (2) of that section) to record the child.

Savings

5

The repeal by the said Act of 1969 of sections 84 and 87 of the Act of 1962 shall not affect the payment after the commencement of this Act of any pension, gratuity or retiring allowance which was payable by virtue of paragraph 11 of Schedule 4 to the said Act of 1969 immediately before the commencement of this Act.

6

The repeal by the said Act of 1969 of section 94 of the Act of 1962 shall not affect the application of that section to any part of the annual revenue of any scheme, being a part to which that section applied immediately before the commencement of the said Act of 1969.

SCHEDULE 4

The Children Act 1958 (c. 65)

1

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

The Mental Health (Scotland) Act 1960 (c. 61)

2

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

The Factories Act 1961 (c. 34)

3

In section 176(1) (interpretation), in the definition of “child” for the word “1962” there shall be substituted the word “1980”.

The Public Expenditure and Receipts Act 1968 (c. 14)

4

In Schedule 3 (variation of fees), in paragraph 1(b) for the words “1962 (c. 47) section 99(1)” there shall be substituted the words “1980 (c. 44) section 84(1)”.

The Social Work (Scotland) Act 1968 (c. 49)

5

In section 94(1) (interpretation), in the definition of “school age” for the words “32 of the Education (Scotland) Act 1962” there shall be substituted the words “31 of the Education (Scotland) Act 1980”.

The Sex Discrimination Act 1975 (c. 65)

6

In section 22 (discrimination by bodies in charge of educational establishments), in paragraph 7 of the Table for the words “75(c) or (d) of the Education (Scotland) Act 1962” there shall be substituted the words “73(c) or (d) of the Education (Scotland) Act 1980”.

7

In section 23(2) (other discrimination by education authorities), for the words “Acts 1939 to 1980” there shall be substituted the words “Act 1980”.

8

In section 25 (general duty in public sector of education)—

• (a) in subsection (3) for the words “71 of the Education (Scotland) Act 1962” and “said section 71” there shall be substituted respectively the words “70 of the Education (Scotland) Act 1980” and “said section 70”;

• (b) in subsection (5) for the words “68 of the Education (Scotland) Act 1962” there shall be substituted the words “67 of the Education (Scotland) Act 1980.”.

9

In section 79 (educational endowments to which Part VI of the Education (Scotland) Act 1962 applies)—

• (a) for any reference to Part VI of the Act of 1962 there shall be substituted a reference to Part VI of this Act.

• (b) in subsections (1)(b) and (4) for the references to sections 121(1) and 68 of the Act of 1962 there shall be substituted respectively references to sections 108(1) and 67 of this Act.

10

In section 81(3)(b) (orders), for the words “128 of the Education (Scotland) Act 1962” there shall be substituted the words “115 of the Education (Scotland) Act 1980”.

11

In section 82(1) (interpretation), in the definition of “education authority”, “educational establishment”, “further education”, “independent school”, “managers”, “proprietor”, “school” and “school education” for the respective references to subsections (16), (17), (21), (23), (26), (37), (42) and (43A) of section 145 of the Education (Scotland) Act 1962 there shall be substituted references to section 135(1) of the Education (Scotland) Act 1980.

The Race Relations Act 1976 (c. 74)

12

In section 17 (discrimination by bodies in charge of educational establishments), in paragraph 7 of the Table for the words “75(c) or (d) of the Education (Scotland) Act 1962” there shall be substituted the words “73(c) or (d) of the Education (Scotland) Act 1980.”.

13

In section 18(2) (discrimination by education authorities), for the words “Acts 1939 to 1980” there shall be substituted the words “Act 1980”.

14

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

15

In section 78(1) (interpretation), in the definitions of “education authority”, “educational establishment”, “further education”, “independent school”, “managers”, “proprietor”, “school” and “school education” for the respective references to subsections (16), (17), (21), (23), (26), (37), (42) and (43A) of section 145 of the Education (Scotland) Act 1962 there shall be substituted references to section 135(1) of the Education (Scotland) Act 1980.

The National Health Service (Scotland) Act 1978 (c. 29)

16

In section 15(1)(f) (supply of goods and services to local authorities etc.), for the words “5 of the Education (Scotland) Act 1962” there shall be substituted the words “1(5)(c) of the Education (Scotland) Act 1980”.

17

In section 39(5) (medical and dental health inspection, supervision and treatment of pupils and young persons), for “1962” there shall be substituted “1980”.

18

In section 108(1) in the definitions of “education authority” and “full-time education in a school” for “1962” there shall be substituted “1980”.

19

In paragraph 10(b) of Schedule 15 (saving of amendments), for “154” there shall be substituted “155”.

Schedule 5

SCHEDULE 6

1

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

2

Section 10 so far as relating to junior colleges.

3

Section 11 so far as relating to junior colleges.

4

Section 23 so far as relating to junior colleges.

5

Sections 45 to 48.

6

Section 50 so far as relating to junior colleges and subsection (1)(c)

7

Section 52 so far as relating to junior colleges.

8

Section 57 so far as relating to junior colleges.

9

Section 58 so far as relating to junior colleges.

10

Section 66 so far as relating to junior colleges.

11

Section 68 so far as relating to junior colleges.

12

Section 72(2) so far as relating to junior colleges.

13

Section 86 so far as relating to junior colleges.

14

Section 87 so far as relating to junior colleges.

15

Section 124.

Duty of education authorities to secure provision of education.

2A

• (1) The Secretary of State may by regulations make provision for the testing and assessment of pupils undertaking the first or second year of secondary education in public ... schools.

• (2) It shall be the duty of an education authority ... to comply with the provisions of regulations made in pursuance of subsection (1) above.

• (3) Regulations made in pursuance of subsection (1) above may make different provision as to different cases or circumstances.

14ZA

In sections 12 to 14 of this Act and in section 52 of this Act as it relates to the said section 13, any reference to a pupil shall include a reference to a student attending a college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992.

14A