Legalize / United Kingdom / Public General Act

Education (Scotland) Act 1980

Type Public General Act

Publication 1980-08-01

Last updated 2026-03-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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,

(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)”.

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

(1) An education authority may, in accordance with this section, provide for their area school education in any establishment provided by a local authority under section 59(1) or (2) of the Social Work (Scotland) Act 1968 which is provided wholly or mainly for children under school age (other than any establishment whose provision is secured by them under paragraph (c) of the said section 59(2)).

(2) The provision of school education referred to in subsection (1) above shall consist of the making available by the education authority, in accordance with arrangements made by them in that behalf with the local authority providing the establishment, of the services of any teacher who is employed by them.

(3) Arrangements under subsection (2) above may make provision for—

(a) the supply of equipment for use in connection with the provision of school education made available under the arrangements;

(b) any supplementary or incidental matters connected with the arrangements.

(4) A teacher whose services are made available by an education authority in pursuance of arrangements under subsection (2) above shall, during the period in which his services are made available, be deemed to be in a post in a primary department of a school under the management of the education authority.

19A

(1) The Secretary of State may by regulations make provision for requiring his approval to be obtained for the use in such educational establishments as may be specified in the regulations of such materials or apparatus as may be so specified, being materials or apparatus which could or might involve a serious risk to health.

(2) The power referred to in subsection (1) above includes power to make different provision in respect of different educational establishments.

Discontinuance and moves of educationalestablishments

22A

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

22B

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

22C

(1) An education authority shall submit to the Secretary of State for his consent any proposal of theirs to which this section applies and shall not implement such a proposal without his consent.

(2) A proposal to which this section applies is one which—

(a) relates to a school transferred to an education authority under section 16(1) or provided by them under section 17(2) of this Act; and

(b) will, if implemented, have the effect that all or some of the pupils who attend the school will no longer receive school education in a school of the kind referred to in paragraph (a) above or that all or some of the children who would, but for the implementation of the proposal, have been likely to attend it will not be likely to receive such education in a school of that kind.

(3) The Secretary of State shall not grant consent under this section unless he is satisfied that adequate arrangements have been made for the religious instruction of pupils and children who would, as a result of implementation of the proposal, no longer receive or be likely to receive school education in a school of the kind referred to in paragraph (a) of subsection (2) above.

(4) In granting consent under this section the Secretary of State may impose such conditions as he thinks fit with regard to the religious instruction of the pupils and children referred to in paragraph (b) of subsection (2) above and to related matters and conditions imposed by the Secretary of State under this section may be revoked or amended by him at any time.

(5) Any question which may arise—

(a) whether a proposal is one to which this section applies;

(b) as to the implementation of a proposal to which the Secretary of State has consented under this section;

shall be determined by the Secretary of State and the education authority shall perform their duties under this Act in accordance with any such determination.

(6) In this section, the reference to section 16(1) or 17(2) of this Act shall include a reference to the corresponding provision of the Act of 1918, the Act of 1946 and the Act of 1962.

22D

(1) An education authority shall submit to the Secretary of State for his consent any proposal of theirs to which this section applies and shall not implement such a proposal without his consent.

(2) A proposal to which this section applies is one—

(a) which relates to a school transferred to an education authority under section 16(1) or provided by them under section 17(2) of this Act;

(b) to—

(i) discontinue the school or a part of it;

(ii) amalgamate the school or a part of it with another school;

(iii) change the site of the school;

(iv) change the arrangements for admission to the school; or

(v) disapply to the school the conditions prescribed in subsections (1) to (4) of section 21 of this Act or in the said subsections so far as applicable and having effect by virtue of subsection (5) of that section; and

(c) in relation to which the Secretary of State, having consulted any education authority affected by it, is satisfied, upon written representations made, in the case of any church or denominational body in whose interest the school is conducted other than the Roman Catholic Church, by a person authorised for that purpose by that church or denominational body and, in the case of the Roman Catholic Church, by the Scottish Hierarchy of that Church, that—

(i) if implemented, it will have any of the results specified in subsection (3) below; and

(ii) the education authority submitting the proposal under subsection (1) aboveand the church, denominational body or Hierarchy, as the case may be, have, after discussion, failed to reach agreement that it should be implemented.

(3) The results referred to in subsection (2)(c)(i) above are—

(a) a significant deterioration for pupils belonging to the area of the education authority submitting the proposal under subsection (1) above; or

(b) a significant deterioration for pupils belonging to the area of any other education authority; or

(c) where neither paragraph (a) nor paragraph (b) above applies, such a deterioration for pupils as mentioned in the said paragraph (a) and pupils belonging to the area of another education authority as, taken together, amounts to a significant deterioration,

in the provision, distribution or availability of school education in schools of the kind referred to in subsection (2)(a) above compared with such provision, distribution or availability in other public schools.

(5) The Secretary of State shall not grant consent under this section in relation to a school unless he is satisfied that adequate arrangements have been made for the religious instruction of the children who will no longer receive or be likely to receive school education in a school of the kind referred to in subsection (2)(a) above.

(6) In granting consent under this section in relation to a school the Secretary of State may impose such conditions as he thinks fit with regard to the religious instruction of the children who will no longer receive or be likely to receive school education in a school of the kind referred to in subsection (2)(a) above and to related matters and, in doing so, he shall have regard to the duties imposed by section 21 of this Act on education authorities in relation to schools of that kind, and conditions imposed by the Secretary of State under this section may be revoked or amended by him at any time.

(7) Any question which may arise—

(a) whether a proposal is one to which this section applies;

(b) as to the implementation of a proposal to which the Secretary of State has consented under this section;

shall be determined by the Secretary of State and the education authority shall perform their duties under this Act in accordance with any such determination.

(8) In this section the reference to section 16(1) or 17(2) of this Act shall include a reference to the corresponding provision of the Act of 1918, the Act of 1946 and the Act of 1962.

28A

(1) Where the parent of a qualifying child makes a written request to an education authority to place his child in the school specified in the request, being a school (other than a nursery school or a nursery class in a school) under their management, it shall be the duty of the authority, subject to subsections (2) , (3) , (3A) and (3F) below, to place the child accordingly.

Such a request so made is referred to in this Act as a “placing request” and the school specified in it is referred to in this Act as the “specified school”.

(1A) The education authorities shall—

(a) in carrying out the duty imposed on them by subsection (1) above; and

(b) in deciding when that duty does not apply,

have regard to such guidance as the Scottish Ministers may give in that respect.

(2) Where a placing request relates to two or more schools under the management of the education authority to whom it was made, the duty imposed by subsection (1) above shall apply in relation to the first mentioned such school, which shall be treated for the purposes of this Act as the specified school.

(3) The duty imposed by subsection (1) above does not apply—

(a) if placing the child in the specified school would—

(i) make it necessary for the authority to take an additional teacher into employment;

(ii) give rise to significant expenditure on extending or otherwise altering the accommodation at or facilities provided in connection with the school;

(iii) be seriously detrimental to the continuity of the child’s education;

(iv) be likely to be seriously detrimental to order and discipline in the school; ...

(v) be likely to be seriously detrimental to the educational well-being of pupils attending the school;

(vi) assuming that pupil numbers remain constant, make it necessary, at the commencement of a future stage of the child’s primary education, for the authority to elect either to create an additional class (or an additional composite class) in the specified school or to take an additional teacher into employment at that school;or

(vii) though neither of the tests set out in sub-paragraphs (i) and (ii) above is satisfied, have the consequence that the capacity of the school would be exceeded in terms of pupil numbers;

(b) if the education normally provided at the specified school is not suited to the age, ability or aptitude of the child;

(d) if, where the specified school is a special school, the child does not have additional support needs requiring the education or special facilities normally provided at that school; or

(e) if the specified school is a single sex school (within the meaning given to that expression by section 26 of the Sex Discrimination Act 1975) and the child is not of the sex admitted or taken (under that section) to be admitted to the school,

but an education authority may place a child in the specified school notwithstanding paragraphs (a) to (e) above.

(3A) . . .the duty imposed by subsection (1) above does not apply where the acceptance of a placing request in respect of a child who is resident outwith the catchment area of the specified school would prevent the education authority from retaining reserved places at the specified school or in relation to any particular stage of education at the school; but nothing in this subsection shall prevent an education authority from placing a child in the specified school.

(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3C) In subsection (3A) above, “reserved places” means such number of places (not exceeding such number or, as the case may be, such percentage of places at the school or relating to the particular stage of education as may be prescribed by regulations) as are in the opinion of the education authority reasonably required to accommodate pupils likely to become resident in the catchment area of the school in the period from the time of consideration of the placing request up to and during the year from 1 August to which the placing request relates; and different numbers or, as the case may be, percentages may be prescribed under this subsection for the purpose of different cases or circumstances.

(3D) In subsections (3A) and (3C) above, “catchment area” means the area from which pupils resident therein will be admitted to the school in terms of any priority based on residence in accordance with the guidelines formulated by the authority under section 28B(1)(c) of this Act.

(3E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3F) Where an education authority are carrying out the duty imposed on them by subsection (1) above in respect of a child such as is mentioned in subsection (6)(c) below, they shall place the child in the specified school—

(a) on the date (being the date fixed for that school under section 32(1) and (2) of this Act) next following the making of the placing request; or

(b) where that date has passed, as soon after that date as is reasonably practicable.

(4) An education authority shall inform a parent in writing of their decision on his placing request and, where they decide to refuse it, shall give him written reasons for their decision and inform him of his right to refer it under section 28C of this Act to an appeal committee.

(5) The Secretary of State may, by regulations, make provision for deeming an education authority to have refused a placing request in the event of their not having informed the parent in writing of their decision on it in accordance with subsection (4) above within such period or before such date as may be prescribed in the regulations and different periods or dates may be so prescribed for different purposes.

(6) In this section—

“primary school” does not include a nursery school or a nursery class; and

“qualifying child” means— a child of school age;a child who has commenced attendance at a primary school but is not of school age; ora child who is not of school age and who, on the date (being the date fixed under subsections (1) and (2) of section 32 of this Act for the purposes of subsection (6) of that section) next following the making of the request under subsection (1) above, will be eligible under this Act to commence attendance at a primary school.

Information as to placing in schools and other matters.

28B

(1) Every education authority shall—

(a) publish or otherwise make available information as to—

(i) their arrangements for the placing of children in schools under their management;

(ii) such matters as may be prescribed by regulations;

(iii) such other matters as the authority consider necessary or expedient for the purposes of their functions under this Act;

(b) where a child falls, in accordance with those arrangements, to be placed in a school under their management—

(i) in a case where the authority propose to place the child in a particular school, inform his parent of the school; and

(ii) in every case, subject to subsection (4) below, inform the parent of the general effect of section 28A (1) and (2) of this Act and of his right to make a placing request;

(c) in making arrangements for the performance of their functions under this Act, formulate guidelines to be followed by them as respects placing in schools generally or, if they think it necessary, in any particular school in the event of there being more placing requests made in respect of certain schools or, as the case may be, that school or in respect of any stage or stages of school education provided there than there are places available;

(d) on a request to that effect made to them at any time by a parent of a child, supply the parent with any prescribed or determined information about any school under their management.

In paragraph (d) above, “prescribed or determined information” means information prescribed or determined under subsection (3)(c) below.

(1A) In the application of subsection (1)(b)(ii) above in relation to a child who has additional support needs—

(a) for the reference to section 28A(1) and (2) of this Act there shall be substituted a reference to paragraph 2 of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), and

(b) “ placing request ” means a placing request within the meaning of that Act.

(2) An education authority shall, in performing the duties imposed on them by subsection (1) above, comply with any regulations made under subsection (3) below.

(3) The Secretary of State may by regulations prescribe or make provision for the determining of—

(a) the procedure in accordance with which education authorities are to perform the duties imposed on them by subsection (1) above and when they are to do so;

(b) how education authorities are to go about publishing or otherwise making available information under subsection (1) above or informing parents under that subsection;

(c) the kind of information which is to be so published or which is to comprise the information so made available or supplied to parents.

(4) The duty imposed by subsection (1)(b)(ii) above arises only when the existence of the child and the fact that he falls to be placed in a school under their management are known to the education authority.

28C

(1) Subject to subsections (2) and (3) below, a parent who has made a placing request may refer a decision of the education authority refusing his request to an appeal committee set up under section 28D of this Act.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a reference under this section has been made in respect of a child, no further such reference in respect of the child shall be competent during the period of 12 months beginning with the day on which the immediately preceding such reference was lodged.

(4) A reference under this section shall be lodged with the appeal committee within 28 days of the receipt by the parent of the decision of the education authority (which, if posted, shall, unless the contrary is proved, be presumed to have been received on the day after the date on which it was posted except that a decision posted on a Friday or Saturday shall, unless the contrary is proved, be presumed to have been received on the Monday next following), but the committee shall, on good cause being shown, have power to hear such a reference notwithstanding that it was not lodged within that time.

28D

(1) Every education authority shall—

(a) set up and maintain such number of appeal committees; and

(b) make such other arrangements

as are necessary to enable references to be made under sections 28C, 28E(6), 28F(7), 28H and 63 of this Act and paragraph 5 of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) and heard by the committees.

(2) An appeal committee set up under subsection (1) above shall be constituted in accordance with Schedule A1 to this Act.

(3) The Secretary of State may by regulations make provision for procedure in relation to references under section 28C of this Act and regulations made under this subsection may include provision—

(a) requiring the education authority to make information relevant to their decision available to the committee and to the parent referring that decision to the committee;

(b) deeming, for the purposes of this Act, an appeal committee to have confirmed the decision of an education authority on a placing request in the event of the committee’s not having complied with section 28E(3) of this Act within such period or before such date as may be prescribed in the regulations and different periods or dates may be so prescribed for different purposes;

28E

(1) An appeal committee may, on a reference under section 28C of this Act, confirm the education authority’s decision if they are satisfied—

(a) that one or more of the grounds of refusal specified in section 28A(3) of this Act exists or exist; and

(b) that, in all the circumstances, it is appropriate to do so

but otherwise shall refuse to confirm the authority’s decision and shall, where they so refuse, require the education authority to place the child to whom the reference relates in the specified school.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An appeal committee shall notify their decision under this section and the reasons for it in writing to the parent who made the reference and to the education authority and, where they confirm the authority’s decision, they shall inform the parent of his right of appeal to the sheriff under section 28F of this Act.

(4) Where, on a reference under section 28C of this Act, an appeal committee refuse to confirm an education authority’s decision, the authority shall give effect to the placing request to which the reference relates.

(5) Where a decision of an appeal committee under this section is inconsistent with any decision of the education authority refusing a placing request to place another child at the same time and at the same stage of education and in the same school as that at and in which the child to whom the appeal committee’s decision relates is to be placed, the education authority shall review their decision so to refuse and shall inform the parent of the other child in writing of their decision upon that review and the reasons for it.

(6) The decision of an education authority upon a review under subsection (5) above not to reverse their decision to refuse the placing request in respect of the other child may be referred to an appeal committee by the parent of the other child as if the decision upon the review were a decision refusing his placing request and the provisions of this Act relating to references of decisions upon placing requests and appeals therefrom (including those relating to appeal committees) shall apply accordingly.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In section 23 of the Local Government (Scotland) Act 1975 (authorities subject to investigation by Local Commissioner), at the end of subsection (2), there shall be inserted the following paragraph—

(f) any appeal committee set up under section 28D of the Education (Scotland) Act 1980.

28F

(1) A parent who has made a reference under section 28C of this Act may appeal to the sheriff having jurisdiction where the specified school is situated against the decision of an appeal committee on that reference.

(2) The education authority may, but the appeal committee shall not, be a party to an appeal under this section.

(3) An appeal under this section—

(a) shall be made by way of summary application;

(b) shall be lodged with the sheriff clerk within 28 days from the date of receipt of the decision of the appeal committee (which, if posted, shall, unless the contrary is proved, be presumed to have been received on the day after the date on which it was posted, except that a decision posted on a Friday or Saturday shall, unless the contrary is proved, be presumed to have been received on the Monday next following); and

(4) On good cause being shown, the sheriff may hear an appeal under this section notwithstanding that it was not lodged within the time mentioned in subsection (3) above.

(5) The sheriff may on an appeal under this section confirm the education authority’s decision if he is satisfied—

(a) that one or more of the grounds of refusal specified in section 28A(3) of this Act exists or exist; and

(b) that, in all the circumstances, it is appropriate to do so

but shall otherwise refuse to confirm their decision and shall, where he so refuses, require the authority to give effect to the placing request to which the appeal relates.

(6) Where the judgment of the sheriff on an appeal under this section is inconsistent with any decision of the education authority (whether confirmed by the appeal committee or not) refusing a placing request to place another child at the same time and at the same stage of education and in the same school as that at and in which the child to whom the judgment relates is to be placed, the education authority shall review their decision so to refuse and shall inform the parent of the other child of their decision upon that review and the reasons for it.

(7) The decision of an education authority upon a review under subsection (6) above not to reverse their decision to refuse the placing request in respect of the other child may be referred to an appeal committee by the parent of the other child as if the decision upon the review were a decision refusing his placing request and the provisions of this Act relating to references of decisions upon placing requests and appeals thereform (including those relating to appeal committees) shall apply accordingly.

(8) The sheriff may make such order as to the expenses of an appeal under this section as he thinks proper.

(9) The judgment of the sheriff on an appeal under this section shall be final.

28G

—Sections 28A to 28F of this Act and Schedule A1 to this Act shall apply in relation to a young person who is a pupil and in that application references in those sections to the parent of a qualifying child as well as references to the qualifying child himself shall be construed as references to the young person.

28H

(1) Where an education authority decide to exclude a pupil from a school under their management which he attends, the parent of the pupil or, where the pupil is a young person, the pupil may refer the decision to an appeal committee set up under section 28D of this Act.

(2) An appeal committee may, on a reference under this section, confirm or annul the decision of the education authority excluding the pupil and, in confirming a decision of the authority to exclude a pupil until certain conditions stipulated by them are complied with, the committee may modify the conditions.

(3) The decision of an appeal committee on a reference under this section and the reasons for it shall be notified by the committee in writing to the parent or, as the case may be, the pupil making the reference and to the education authority.

(4) A decision of an appeal committee on a reference under this section annulling a decision of an education authority or modifying the conditions subject to which an education authority have excluded a pupil from a school shall be complied with by the authority.

(5) The Secretary of State may by regulations make provision for procedure in relation to references under this section and regulations made under this subsection may include provision—

(a) requiring the education authority to make information relevant to their decision available to the appeal committee and to the parent or, as the case may be, pupil referring that decision to the committee;

(b) deeming, for the purposes of this Act, an appeal committee to have confirmed the education authority’s decision to exclude a pupil from a school under their management which he attends in the event of the appeal committee’s not having complied with subsection (3) above within such period as may be prescribed in the regulations and different periods may be so prescribed for different purposes.

(6) The decision of an appeal committee confirming an education authority’s decision to exclude a pupil or modifying conditions under subsection (2) above may be appealed against by the parent of the pupil or, where the pupil is a young person, the pupil to the sheriff having jurisdiction where the school from which the pupil has been excluded is situated, and subsections (2), (3), (4), (8) and (9) of section 28F of this Act shall apply to an appeal under this subsection.

(7) The sheriff may, on an appeal under subsection (6) above, confirm or annul the decision of the education authority excluding the pupil and, in confirming a decision excluding the pupil until certain conditions stipulated by them are complied with, he may modify the conditions.

Information as to schools and pupils

28I

(1) The Secretary of State may by regulations make provision requiring—

(a) in respect of every school for the management of which an education authority is responsible, the education authority; and

(b) in respect of every other school—

(i) where the school has a board of management, the board of management;

(ii) in any other case, the managers,

to provide to him and to such persons (including education authorities) as may be prescribed such information as regards the school and pupils attending the school as may be prescribed.

(2) For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school.

(3) Where the Secretary of State exercises his power to make regulations under this section he shall do so with a view to making available information which is likely to—

(a) assist parents in choosing schools for their children;

(b) increase public awareness of the quality of the education provided by the schools concerned and the educational standards achieved in those schools; or

(4) Information which is required by virtue of regulations made under this section shall be provided—

(a) in such form and manner; and

(b) on such occasions,

as may be prescribed.

(5) No information provided in accordance with regulations made under this section shall name any pupil to whom it relates.

(6) The Secretary of State may—

(a) publish information provided in accordance with regulations made under this section in such form and manner as he considers appropriate;

(b) require an education authority to publish such information at such times and in such form and manner as he may specify for the purposes of this section; or

(c) make arrangements for such information to be published in such form and manner, and by such persons, as he may specify for the purposes of this section.

(7) The powers given to the Secretary of State by this section and section 28J of this Act may be exercised so as to make different provision in relation to different areas.

(8) This section and sections 28J and 28K of this Act are not to be taken as restricting, or otherwise affecting, any other powers that the Secretary of State may have to make regulations with respect to, or otherwise require, the provision of information by any person.

(9) Regulations made under this section and sections 28J and 28K of this Act may make different provision for different cases or classes of case.

(10) This section does not apply to nursery schools.

28J

(1) The Secretary of State may make regulations requiring education authorities, boards of management and managers of grant-aided schools to provide to prescribed persons such information or documents or categories of information or documents relating to school education as may be prescribed.

(2) Information or documents provided in pursuance of regulations made under subsection (1) above shall be provided—

(a) in such form and manner; and

(b) on such occasions,

as may be prescribed.

28K

(1) The Secretary of State may by regulations make provision requiring that such information and reports as may be prescribed as regards pupils attending schools to which this section applies shall be supplied to the parents of such pupils at such times and in such form and manner as may be determined by or in accordance with the regulations.

(2) This section applies to any school which is not a grant-aided school, an independent school or a nursery school.

(3) Regulations made under this section may contain provision as to—

(a) the means of involvement of parents in consideration of such reports; and

(b) the extent to which any information relating to general standards of performance in examinations or other forms of assessment of any group of pupils shall be supplied to parents of other pupils.

Corporal Punishment

48A

Provision of transport and other facilities.

65A

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

65B

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

65C

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

65D

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

65E

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

65F

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

65G

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

66A

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

73A

(1) If the Secretary of State so determines, any function exercisable by him by virtue of regulations made under section 73(f) of this Act shall, to such extent as is specified in his determination, be exercisable instead by such body or person as is so specified.

(2) A person or body by whom any function is for the time being exercisable by virtue of subsection (1) above shall comply with any direction given by the Secretary of State as to the exercise of that function.

(3) The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of regulations under section 73(a), (c) or (f) of this Act (including any such functions as to appeals).

(4) Any arrangements made under subsection (3) above shall not prevent the Secretary of State from exercising the function in question himself.

(5) The Secretary of State may make provision for enabling appeals—

(a) to be made with respect to such matters arising out of the exercise by any person or body of any function by virtue of subsection (1) or (3) above as he may determine; and

(b) to be so made to a person or body appointed by him for that purpose.

(6) The Secretary of State may pay to any person or body by whom any function is exercisable by virtue of subsection (1) or (3) above—

(a) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person or body—

(i) in making payments, grants or loans by virtue of regulations under section 73(a), (c) or (f) of this Act, or

(ii) by way of administrative expenses,

in, or in connection with, the exercise of that function;

(b) in the case of any such person, or of any body with which the Secretary of State has made arrangements under subsection (3) above, such remuneration as he may determine.

(7) Any payment under subsection (6)(a) above may be made subject to such terms and conditions (including conditions as to repayment) as the Secretary of State may determine.

(8) The Secretary of State may pay to any person or body appointed by him under subsection (5) such remuneration or administrative expenses (or both) as he may determine.

(9) In relation to any function which, by virtue of subsection (1) or (3) above is exercisable to a specified extent, references in any other provision of this section to the exercise of that function are accordingly to its exercise to that extent.

(10) The references in subsections (3) and (6)(a)(i) above to regulations under section 73(a) or (c) of this Act are references to those regulations only in so far as relating to support for persons—

(a) undertaking; or

(b) who have undertaken,

courses of education provided by post-16 education bodies.

(11) In subsection (10) above, “post-16 education bodies” shall be construed in accordance with the Further and Higher Education (Scotland) Act 2005 (asp 6).

73B

(1) This section applies in relation to regulations under paragraph (f) of section 73 of this Act made with respect to loans.

(2) Regulations to which this section applies may make provision requiring such amounts as may be prescribed, payable under loans granted by virtue of such regulations, to be paid directly to institutions providing courses of education who have previously made payments of any prescribed description to persons undertaking such courses to whom such loans may be granted.

(3) Regulations to which this section applies may make such provision as the Secretary of State considers necessary or expedient in connection with the recovery of amounts due from borrowers under loans granted by virtue of such regulations, including provision for—

(a) imposing on employers, or (as the case may be) such other persons or bodies as may be prescribed, requirements with respect to—

(i) the making of deductions in respect of amounts so due (or, in any prescribed circumstances, amounts assessed in accordance with the regulations to be so due) from emoluments payable to borrowers,

(ii) the collection by other means of such amounts,

(iii) the transmission of amounts so deducted or collected to the Secretary of State in accordance with directions given by him;

(b) imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to the keeping and production of records for such purposes as may be prescribed;

(i) the provision of such information, and

(ii) the keeping and production of such documents and records,

relating to their income as may be prescribed;

(d) requiring the payment, by persons or bodies to whom the requirements imposed in pursuance of paragraphs (a) to (c) above apply, of—

(i) penalties in cases of non-compliance with, or otherwise framed by reference to, such requirements, and

(ii) interest in respect of periods when such penalties are due but unpaid;

(e) requiring the payment by borrowers, in respect of periods when amounts due under their loans are unpaid, of—

(i) interest (applied to such amounts at a rate calculated otherwise than in accordance with subsections (6) and (7) below), or

(ii) both such interest and one or more surcharges (together with further interest in respect of periods when such surcharges are due but unpaid);

(f) enabling the Secretary of State to require the reimbursement by borrowers of costs or expenses of any prescribed description incurred by him in connection with the recovery of unpaid amounts;

(g) applying or extending with or without modification, for purposes connected with the recovery of amounts under regulations to which this section applies, any of the provisions of the Taxes Acts or of “PAYE regulations”;

(h) determining the priority as between deductions falling to be made by virtue of paragraph (a)(i) above and deductions falling to be made from emoluments payable to borrowers by virtue of other enactments (whenever passed);

(i) modifying any enactment or instrument (whenever passed or made) so as to provide for the treatment, in connection with any calculation with respect to income (however defined), of amounts due from or payable to such persons under loans granted by virtue of regulations to which this section applies.

(4) In subsection (3) above—

(a) “employers” means persons who make payments of, or on account of, income assessable to income tax under Schedule E, and

(b) “the Taxes Acts” has the same meaning as in the Taxes Management Act 1970.

(5) Regulations to which this section applies may make provision for the payment, in respect of amounts overpaid by borrowers, of interest at such rate, and calculated in such manner, as may be determined by the Secretary of State from time to time.

(6) A rate of interest, prescribed by regulations to which this section applies, to be borne by loans shall at no time exceed the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974 (exemption of certain consumer credit agreements by reference to the rate of the total charge for credit).

(7) Subject to subsection (6) above, regulations to which this section applies shall not prescribe a rate of interest to be borne by loans higher than that which the Secretary of State, having regard to such retail prices index as appears to him to be appropriate, is satisfied is required to maintain the value in real terms of the outstanding amounts of such loans.

(8) Regulations to which this section applies may make provision, for the purpose of calculating the interest to be borne by loans, for repayments by borrowers to be treated as having been made or received on such date or dates as may be prescribed.

(9) Regulations to which this section applies may prescribe requirements or other provisions which add to or otherwise modify, during the currency of a loan, requirements or other provisions (whether as to repayment or otherwise) which apply in relation to loans granted by virtue of such regulations.

(10) Regulations to which this section applies may make provision for a borrower not to be liable to make any repayment in respect of a loan—

(a) during such periods as may be prescribed from time to time, or

(b) in such circumstances as may be prescribed,

including provision for the cancellation of any further such liability of the borrower in any such circumstances.

(11) Regulations to which this section applies may make provision for appeals with respect to matters arising under such regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with such appeals).

(12) Regulations to which this section applies may, in relation to a borrower’s discharge under or by virtue of section 137, 138 or 140 of the Bankruptcy (Scotland) Act 2016, make provision for the treatment of any debt or liability to which a borrower is, or may become, subject in respect of sums received, or which he is entitled to receive, before, on or after the date of his sequestration.

(13) Nothing in this section prejudices the generality of section 73(f) of this Act.

73C

(1) The Secretary of State may by regulations make such transitional provision and savings in connection with the repeal by the Teaching and Higher Education Act 1998 of the Education (Student Loans) Act 1990 (“the 1990 Act”) as he considers necessary or expedient including—

(a) provision for any function which has been conferred under or by virtue of the 1990 Act to transfer to, or otherwise become exercisable by—

(i) the Secretary of State, or

(ii) such other person or body as may be prescribed,

to such extent as may be prescribed; and

(b) provision for the transfer to the Secretary of State or any such other person or body of rights or liabilities arising under or by virtue of the 1990 Act.

(2) Regulations made by virtue of paragraphs (a) and (b) of subsection (1) above may, in particular, provide for—

(a) any such function to be exercisable in pursuance of such regulations in such modified form as may be prescribed;

(b) the 1990 Act to have effect with such modifications as may be prescribed.

73D

(1) This section applies to allowances payable by virtue of section 73(f) of this Act in respect of the fees charged in connection with . . ..

(2) The Secretary of State may by order made by statutory instrument determine the maximum amount payable in any academic year of allowances to which this section applies in respect of such courses or classes of courses of higher education as may be so determined and, subject to subsection (3) below, a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Where the Secretary of State has determined a maximum amount under subsection (2) above, he shall not make a further determination increasing that maximum amount under that subsection unless—

(a) he is satisfied that the increase is no greater than is required to maintain the allowance’s value in real terms; or

(b) a draft of the order containing the further determination has been laid before, and approved by a resolution of, each House of Parliament.

(4) For the purposes of subsection (3)(a) above the Secretary of State shall have regard to such retail prices index as appears to him to be appropriate.

(5) In subsection (2) above, “courses of higher education” means courses of higher education falling within section 38 of the Further and Higher Education (Scotland) Act 1992.

73E

(1) This section applies to any information which is held—

(a) by the Commissioners of Inland Revenue, or

(b) by a person providing services to those Commissioners and in connection with the provision of those services.

(2) Information to which this section applies may be supplied to—

(a) the Secretary of State or the Department of Education for Northern Ireland,

(b) any person or body acting on behalf of the Secretary of State or that Department under the delegation of functions provisions, or

(c) any person or body by whom any function of the Secretary of State or that Department is for the time being exercisable to any extent by virtue of the transfer of functions provisions,

for the purpose of enabling or assisting the recipient to exercise any function in connection with the operation of the student loans scheme.

(3) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless it is supplied—

(a) to a person or body to whom it could have been supplied under that subsection, or

(b) for the purposes of any civil or criminal proceedings arising out of the student loans scheme.

(4) Subsections (2) and (3) above extend only to the supply of information by or under the authority of the Commissioners of Inland Revenue.

(5) This section does not limit the circumstances in which information may be supplied apart from this section.

(6) In this section—

(a) “ the delegation of functions provisions ” means section 73A(3) of this Act or section 23(4) of the Teaching and Higher Education Act 1998;

(b) “ the transfer of functions provisions ” means section 73A(1) of this Act or section 23(1) of the Teaching and Higher Education Act 1998; and

(i) regulations under section 73(f) of this Act with respect to loans; or

(ii) regulations under section 22 of the Teaching and Higher Education Act 1998 so far as having effect in relation to loans under that section;

and in this subsection any reference to a provision of this Act includes a reference to any corresponding Northern Ireland legislation.

75A

(1) The Secretary of State shall, subject to subsections (1A) and (1B) below, operate a scheme whereby—

(a) participating schools remit fees that would otherwise be chargeable in respect of pupils admitted to assisted places under the scheme; and

(b) the Secretary of State reimburses the schools for the fees that are remitted.

(1A) The Secretary of State shall operate a scheme such as is described in subsection (1) above only in relation to any pupil admitted to an assisted place under such a scheme prior to the beginning of the first term of the 1997-98 school year where the pupil will be in attendance at the school concerned—

(a) at the beginning of that term; or

(b) after the beginning of that term but before the end of that school year, and where it appears to the Secretary of State that it is reasonable, in view of any particular circumstances relating to that pupil, that he should be permitted to take advantage of that place after the beginning of that term,

and, for the purposes of this section, “ 1997-98 school year ” means the period of twelve months beginning on 1st August 1997.

(1B) A pupil holding an assisted place who is receiving primary education during the 1997-98 school year shall cease to hold that place—

(a) at the end of the school year in which he completes his primary education; or

(b) if the Secretary of State, where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to that pupil, decides that he should continue to hold that place for a further period during which he receives secondary education, at the end of that period.

(2) In this section references to a participating school are references to any grant-aided or independent school providing secondary education which the Secretary of State has determined, prior to the coming into force of this subsection, to be a participating school for the purposes of the scheme.

(3) A determination under subsection (2) above—

(a) shall state the maximum annual amount allocated by the Secretary of State to the school under the scheme including the maximum annual amount so allocated for the purposes of section 75B of this Act; and

(b) may contain such conditions as the Secretary of State thinks fit in addition to those prescribed under subsection (9) below.

(4) The Secretary of State may alter—

(a) the maximum annual amount referred to in subsection (3)(a) above; or

(b) the conditions referred to in subsection (3)(b) above,

by written notification to the school concerned.

(5) A participating school shall comply with any conditions contained in a determination under subsection (2) above and with any condition or obligation prescribed under subsection (9) below.

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

(7) The fees in relation to which the scheme is to have effect shall be—

(a) tuition and other fees the payment of which is a condition of attendance at a participating school but excluding—

(i) boarding fees; and

(ii) such other charges, if any, as may be prescribed by regulations; and

(b) entrance fees for public examinations paid by a participating school in respect of candidates from the school.

(8) If the Secretary of State is of the opinion that any fee which falls to be remitted in whole or in part under a scheme established and operated under this section is excessive, he may substitute for such fee such other amount as he considers appropriate.

(9) The Secretary of State shall by regulations prescribe—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the conditions subject to which, the extent to which, and the arrangements in accordance with which, fees are to be remitted by participating schools;

(d) the time and manner in which participating schools are to claim and receive reimbursements from the Secretary of State;

(e) conditions to be complied with by participating schools with respect to . . . the fees to be charged, the keeping and auditing of accounts and the furnishing of information to the Secretary of State; and

(f) such other matters as appear to him to be requisite for the purposes of the scheme.

(9A) Regulations under this section may—

(a) provide for the discharge of any future liabilities of the Secretary of State to make reimbursements of fees by way of lump sum payments; . . .

(b) provide for the Secretary of State, in a case where a participating school—

(i) merges with another school;

(ii) closes (whether wholly or in part); or

(iii) notifies the Secretary of State that it no longer wishes to provide assisted places,

(c) provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has, at any time since the beginning of the first term of the 1997-98 school year, held) an assisted place at a school under a scheme operated by virtue of subsection (1) above, to authorise another school which is, or is treated as, a participating school to provide for the pupil under such a scheme the assisted place which the first-mentioned school was authorised to provide.

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Education (Scotland) Act 1980

Part VII — Miscellaneous Provisions

Employment

Work experience in last year of compulsory schooling

123

Effect of attendance notices on computation of working hours

124

Adaptation of enactments relating to employment of children and young persons

125

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

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

131

General

Amendment of enactments

132

Regulations, etc.

133

Notices

134

Interpretation

135

Transitional and savings provisions, amendments and repeals

136

Short title, commencement and extent

137

SCHEDULE 1

1

2

3

4

5

6

7

8

SCHEDULE 2

1

2

3

4

5

SCHEDULE 3

General

1

2

Children Requiring Special Education

3

4

Savings

5

6

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

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

4

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

5

The Sex Discrimination Act 1975 (c. 65)

6

7

8

9

10

11