Education (Scotland) Act 1980

• (9B) Without prejudice to his duty to operate a scheme under subsection (1) above in respect of pupils such as are mentioned in subsection (1A) above, the Secretary of State may by regulations make such provision as he considers necessary for or in relation to the ending of the scheme.

• (9C) Regulations made under this section or section 75B of this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

• (10) Regulations under subsection (9) above may authorise the Secretary of State to make provision for any purpose specified in the regulations.

• (11) Before making regulations under subsection (9) above the Secretary of State shall consult such bodies as appear to him to be appropriate and to be representative of participating schools.

• (12) Regulations made under subsection (9)(c) above shall be reviewed by the Secretary of State in consultation with such bodies as appear to him to be appropriate and to be representative of participating schools—

• (a) not later than two years after the date on which the first such regulations are made; and

• (b) thereafter at intervals not exceeding two years.

• (13) Except where the context otherwise requires, references in this section and section 75B of this Act to a school include references to the proprietors and managers of the school; and references in this section to an independent school are references to an independent school which is—

• (a) a registered school; and

• (b) conducted only for charitable purposes within the meaning of section 122(1) of this Act.

75B

• (1) The Secretary of State may by regulations require or enable or make provision for requiring or enabling any school participating in the scheme referred to in section 75A of this Act to make grants in respect of such expenses, including such travelling expenses, and to remit such charges, as may be specified in the regulations and to make such provision of meals or other refreshment or of facilities for the consumption of meals or other refreshment and such provision of clothing as the school making the provision considers appropriate, being expenses, charges or provision in respect of matters incidental to or arising out of the attendance at the school of pupils holding assisted places under the scheme.

• (2) Regulations made under this section may require or enable or make provision for requiring or enabling any school providing meals or other refreshment under subsection (1) above to make such charges as it thinks fit for any such meal or other refreshment except where it is provided by virtue of subsection (4) below.

• (3) Regulations under this section shall provide that, within the maximum amount stated under section 75A(3) of this Act, any amounts granted or remitted by a school and expenditure incurred by them by or under the regulations shall be reimbursed to the school by the Secretary of State.

• (4) The Secretary of State shall exercise his power to make regulations under this section so as to ensure that, in relation to any pupil whose parents are in receipt of supplementary benefit or family income supplement, such provision is made for that pupil in the middle of the day as appears to the school to be requisite.

• (5) Regulations under this section may in particular prescribe—

• (a) the conditions subject to which, the extent to which, and the arrangements in accordance with which, grants and remissions are to be made and meals, other refreshment, facilities for the consumption thereof and clothing are to be provided;

• (b) whether a charge is to be remitted in whole or in such part as may be prescribed in the regulations;

• (c) the time and manner in which schools are to claim and receive reimbursement from the Secretary of State.

• (6) Regulations under this section may authorise the Secretary of State to make provision for any purpose specified in the regulations.

87A

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

87B

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

Pay and conditions of teaching staff employed in providing school education

Provisions common to the two committees

97A

97B

97C

97D

98A

• (1) Any person proposing to carry on an independent school shall apply to the Scottish Ministers for registration of that school.

• (2) An application for registration shall—

• (a) be in such form; and

• (b) include such information,

as the Scottish Ministers may, by regulations, prescribe.

• (3) The Scottish Ministers may, subject to subsection (4) below, grant an application for registration if they are satisfied that—

• (a) efficient and suitable instruction will be provided at the school, having regard to the ages and sex of the pupils who shall be attending the school;

• (b) the welfare of such pupils will be adequately safeguarded and promoted;

• (c) subject to subsection (5)(a) below—

• (i) the proprietor of the school is a proper person to be the proprietor of an independent school; and

• (ii) every proposed teacher in the school is a proper person to be a teacher in any school;

• (d) subject to subsection (5)(b) below, the proposed school premises are suitable for use as a school; and

• (e) subject to subsection (5)(c) below, the accommodation to be provided at the school premises is adequate and suitable, having regard to the number, ages and sex of the pupils who shall be attending the school.

• (4) The Scottish Ministers may, on granting an application for registration, impose such conditions on the carrying on of the registered school as they think fit.

• (5) The Scottish Ministers shall not be satisfied that—

• (a) the proprietor of an independent school is a proper person to be the proprietor of such a school or, as the case may be, that a proposed teacher in such a school is a proper person to be a teacher in any school if that proprietor or, as the case may be, proposed teacher—

• (i) is, by virtue of this Part of this Act, disqualified from being such a proprietor or, as the case may be, such a teacher;

• (ii) is barred from regulated roles with children; or

• (iii) is a prescribed person;

• (b) proposed school premises are suitable for use as a school if any part of such premises is, by virtue of this Part of this Act, disqualified from being so used; and

• (c) accommodation to be provided at school premises is adequate and suitable if any such accommodation is, by virtue of this Part of this Act, disqualified from being used as such or from being used as such for pupils of—

• (i) such number; or

• (ii) such age or sex,

for which it is proposed it be used.

• (6) In this Part of this Act—

• “barred from regulated roles with children” is to be construed in accordance with the Protection of Vulnerable Groups (Scotland) Act 2007;

• “prescribed person” means— in relation to a proprietor of an independent school, a person falling within such class of persons as the Scottish Ministers may, by regulations, prescribe; andin relation to a teacher or proposed teacher in such a school, a person falling within such class of persons as may be so prescribed; and

• “proposed teacher” means a person that the proprietor of an independent school proposes will, on the registration of that school, be a teacher in it.

108A

Where the Lord Advocate is of opinion on any such ground as is specified in section 108 of this Act that a scheme should be made for the future government and management of any endowment , he may present a petition to the Court of Session for such a scheme, and on any such petition the Court shall have power to make a scheme for the future government and management of the endowment and for the application of the capital or income of the endowment to any purposes, as nearly as may be analogous to those contained in the governing instrument, as the Court shall think fit.

Income plans under schemes.

118A

• (1) Any provision of a scheme referred to in subsection (2) below which (however expressed) empowers or requires the governing body of the endowment to which the scheme relates—

• (a) to prepare and submit for the approval of the Secretary of State a plan, a revised plan or an amendment of a plan for the exercise by the governing body of their functions in relation to the application of the income of the endowment; or

• (b) to give effect to such a plan or amendment as approved by the Secretary of State,

shall be of no effect.

• (2) This section applies to 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.

Children and young persons in accommodation

125A

Where, for the purposes of his being in attendance at a school, a child or young person is provided with residential accommodation, in a place in or outwith that school, by—

• (a) an education authority ... or the managers of a grant-aided or independent school; or

• (b) by any other person in pursuance of arrangements made by any such authority ... or managers,

the authority ... or managers in question shall have the duty to safeguard and promote the welfare of the child or young person while he is so accommodated ....

131A

• (1) Nothing in this Act shall prejudice any capacity of a child enjoyed by virtue of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991 (c.50) (capacity of child with sufficient understanding to consent to surgical, medical or dental procedure or treatment); and without prejudice to that generality, where under or by virtue of this Act a child is required to submit, or to be submitted, to any medical or dental examination, inspection or treatment but the child has the capacity mentioned in the said section 2(4), the examination, inspection or treatment shall only be carried out if the child consents.

• (2) In subsection (1) above, without prejudice to the generality of the expression in question, “medical examination” includes an examination under section 58 of this Act and “medical treatment” includes cleansing under that section.

SCHEDULE A1

1

An appeal committee set up under section 28D(1) of this Act shall be constituted in accordance with this Schedule.

2

An appeal committee shall consist of 3, 5 or 7 members nominated by the authority from among persons appointed by the authority under this Schedule; and sufficient persons may be appointed to enable 2 or more appeal committees to sit at the same time.

3

The persons appointed shall comprise—

• (a) members of the authority or of any committee appointed by the authority whose purposes include advising the authority on any matter relating to the discharge of any of their functions as education authority or discharging any of those functions on behalf of such authority; and

• (b) persons who are not members of the authority or of any such committee but are—

• (i) parents of children of school age;

• (ii) persons who in the opinion of the authority have experience in education; or

• (iii) persons who in the opinion of the authority are acquainted with the educational conditions in the area of the authority;

but shall not include any person employed by the authority in an administrative or advisory capacity as respects the discharge of their education functions..

4

The members of an appeal committee who are members of the authority or of any committee such as is mentioned in paragraph 3 above shall not outnumber the other members of the appeal committee by more than one.

5

A person who is a member of any committee such as is mentioned in paragraph 3 above shall not be chairman of an appeal committee.

6

A person shall not be a member of an appeal committee for the consideration of a reference of a decision if he was among those who made the decision or took part in or was present at discussions as to whether the decision should be made.

7

A person who is—

• (a) a teacher at a relevant school (within the meaning of paragraph 8 below);

• (b) a pupil at such a school;

• (c) a parent of a pupil at such a school; or

• (d) a member of a Parent Council or Combined Parent Council having functions in relation to such a school

shall not be a member of an appeal committee for consideration of a reference involving a question whether a child is to be placed in the specific school or excluded from the relevant school.

8

For the purposes of paragraph 7 above, “relevant school” means in relation to a reference to the appeal committee—

• (a) the school which the child to whom the placing request relates attends;

• (b) the specified school;

• (c) the school which the education authority propose that the child to whom the placing request relates should attend;

• (d) a school from which pupils are normally transferred to the school referred to in sub-paragraph (b) or (c) above; or

• (e) the school from which the pupil has been excluded.

9

An appeal committee constituted in accordance with this Schedule shall be included in the bodies to which sections 45(4) and 46 of the Local Government (Scotland) Act 1973 (allowances) apply.

SCHEDULE A2

1

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

2

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

3

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

4

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

5

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

6

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

SCHEDULE 1A

1

The proprietors or managers of a participating school may request the Secretary of State to revoke the determination by giving him three years written notice or such shorter notice as he may in any particular case accept.

2

On the expiry of the period of notice referred to in paragraph 1 above the Secretary of State shall revoke the determination.

3

Subject to paragraph 4 below, the Secretary of State may revoke a determination in respect of a school by giving three years written notice to the proprietors or managers of the school.

4

• (1) If the Secretary of State—

• (a) is not satisfied that appropriate educational standards are being maintained at a participating school; or

• (b) is satisfied that any condition applying to the school by virtue of a determination or regulations made under section 75A or 75B of this Act has been contravened, or that any obligation applying to the school by virtue of such regulations has not been complied with,

he may at any time revoke the determination by written notice to the proprietors or managers of the school.

• (2) A notice of revocation of a determination given under this paragraph may provide that it shall be treated as of no effect if the proprietors or managers of the school satisfy the Secretary of State within such time as may be specified in the notice that they have complied with any condition specified therein.

5

A notice of revocation of a determination given under paragraph 3 or 4 above shall contain a statement of the reasons for which it is given.

6

Revocation of a determination shall not affect the operation of—

• (a) the determination;

• (b) the scheme in relation to which the determination was made; or

• (c) any regulations made under section 75A or 75B of this Act,

in relation to any pupil holding an assisted place at the school on the date of the revocation.

SCHEDULE 1B

Procedure

1

The committee may, from time to time—

• (a) appoint from among its own members, a sub-committee—

• (i) to discharge such of the functions of the committee as the committee may specify; or

• (ii) to advise the committee on any matter relating to the discharge of the functions of the committee:

• (b) appoint a chairman from among its own members and revoke the appointment of his predecessor, if any;

• (c) subject to the provisions of this Act, make, vary or revoke standing orders—

• (i) regulating the quorum, procedure and place of meeting of the committee or of any of its sub-committees; or

• (ii) regulating the manner in which any dispute relating to procedure, or the interpretation of standing orders made under this sub-paragraph or the following paragraph, is to be resolved;

but subject to any such standing orders and to the provisions of this Act the quorum, procedure and place of meeting of the committee or of any of its sub-committees shall be such as the committee, or in respect of itself the sub-committee, may determine.

2

Subject to any standing orders made under paragraph 1(c) above by the committee, a sub-committee appointed under paragraph 1(a) above may from time to time do anything in respect of itself that the committee may, under paragraph 1(b) or (c)(i) above, do in respect of the committee; but the power which the committee has under paragraph 1(c) above to vary or revoke standing orders shall include the power to vary or revoke standing orders made by any of its sub-committees.

General powers

3

Subject to the provisions of this Act, the committee or any of its sub-committees shall have power to do anything (whether or not involving the expenditure or borrowing of money) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

4

Without prejudice to the generality of paragraph 3 above, the powers conferred by that paragraph shall, in relation to the committee, include the power to—

• (a) employ servants or agents;

• (b) acquire or dispose of any property or rights;

• (c) sell, at such price as the committee may consider appropriate, to any person or body anything published, under the provisions of sections 91 to 97D of this Act, by the committee;

• (d) make provision for the resolution of any dispute between teaching staff and their employers as to the meaning or application of—

• (i) any settlement which the committee may formulate; or

• (ii) any award which under section 97B(8) or (9) of this Act has the same effect as such a settlement,

and shall, in relation to any sub-committee of the committee, include the powers mentioned in sub-paragraph (d) of this paragraph.

Recovery of expenditure

5

Expenditure incurred by the committee shall be recoverable so far as possible from income received by the committee in the exercise of the power specified in paragraph 4(c) of this Schedule.

6

In so far as such expenditure is not defrayed from income received as aforesaid, it shall be recoverable in such manner and in such proportions as the committee may determine from the bodies, other than the Secretary of State, which nominated the persons who are for the time being the members of the committee.

16

Section 127(3) and (4).

Editorial notes

[^c9691101]: Act applied (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 36(3) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch.1

[^c9691461]: S. 1 amended (4.3.2002) by 2000 asp 6, s. 33(1)-(3); S.S.I. 2002/72, art. 2(1)(b)

[^c9691471]: Words in s. 1(1) substituted (1.4.1993) by Further and Higher Education Act (Scotland) Act 1992 (c. 37), s. 2(a) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch. 4

[^c9691481]: Word in s. 1(1) substituted (4.3.2002) by 2000 asp 6, s. 32(2); S.S.I. 2002/72, art. 2(1)(a)

[^c9691491]: S. 1(1A)-(1C) inserted (4.3.2002) by 2000 asp 6, s. 32(3); S.S.I. 2002/72, art. 2(1)(a)

[^c9691501]: S. 1(2) repealed (4.3.2002) by 2000 asp 6, s. 32(4); S.S.I. 2002/72, art. 2(1)(a)

[^c9691511]: S. 1(2A) inserted (1.4.1993) by Further and Higher Education Act (Scotland) Act 1992 (c. 37), s. 2(b) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch. 4

[^c9691521]: Words in s. 1(3) substituted (1.4.1983) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 3 para. 37(a)(i) and S.I. 1982/1397, Sch. 2

[^c9691531]: Words repealed (1.4.1983) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 4 Pt. I and S.I. 1982/1397, Sch. 2

[^c9691541]: S. 1(4A)(4B) inserted (4.3.2002) by 2000 asp 6, s. 32(5); S.S.I. 2002/72, art. 2(1)(a)

[^c9691551]: Words in s. 1(5)(a) repealed (13.10.2000) by 2000 asp 6, s. 60(2), Sch. 3; S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

[^c9691571]: S. 1(5)(a)(ii) substituted by Education (Scotland) Act 1981 (c. 58), s. 3(1)(a), Sch. 8

[^c9691581]: S. 1(5)(b)(i) repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

[^c9691591]: Words inserted (1.4.1983) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 3 para. 37(b)(i) and S.I. 1982/1397, Sch.2

[^c9691651]: Word in s. 2 repealed (18.9.1996) by 1996 c. 43, s. 36, Sch. 6; S.I. 1996/2250, art. 2.

[^c9691661]: Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 69(1)

[^c9691671]: S. 2A inserted (18.9.1996) by 1996 c. 43, s. 32; S.I. 1996/2250, art. 2.

[^c9691731]: Words in s. 3(1) repealed (16.5.1992) by Further and Higher Education Act 1992 (c. 37), s. 62(3), Sch. 10; S.I. 1992/817, art. 3(2), Sch. 1

[^c9691741]: Word in s. 3(6)(a) repealed (16.5.1992) by Further and Higher Education Act 1992 (c. 37), s. 62(3), Sch. 10; S.I. 1992/817, art. 3(2), Sch. 1

[^c9691751]: S. 3(7) added (4.3.2002) by 2000 asp 6, s. 33(4); S.S.I. 2002/72, art. 2(1)(b)

[^c9691831]: Words substituted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 14(2)(a)

[^c9691841]: Words in s. 4 repealed (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 118(2), Sch.14; S.I. 1996/323, art. 4(1)(c).

[^c9691851]: S. 4(a) substituted by Education (Scotland) Act 1981 (c. 58), Sch. 2 Pt. I para. 2(a), Sch. 8

[^c9691861]: Words repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9

[^c9691871]: Word repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9

[^c9691881]: Words substituted by Education (Scotland) Act 1981 (c. 58), Sch. 2 Pt. I para. 2(c), Sch. 8

[^c9691901]: 1968 c. 49.

[^c9691911]: Ss. 5, 28(2), 59, 66(2), 111(4)(5), 129(5)(6), 132(1), Sch. 2 paras. 1, 3 repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9

[^c9691931]: Words inserted (1.4.1983) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 3 para. 38 and S.I. 1982/1397, Sch. 2

[^c9691941]: Letter “(a)” in s. 6(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 118(3)(a)(i), Sch.14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2.

[^c9691951]: s. 6(2)(b) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 118(3)(a)(ii), Sch.14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2.

[^c9691961]: S. 6(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 118(3)(b), Sch.14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2.

[^c9692081]: S. 7(1)-(3) repealed (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(3), Sch. 10; S.I. 1992/817, art. 3(2), Sch.1

[^c9692111]: Words substituted with saving by Education (Scotland) Act 1981 (c. 58), s. 8(1)(a)(iv)(3), Sch. 8

[^c9692121]: Words substituted with saving by Education (Scotland) Act 1981 (c. 58), s. 8(1)(a)(v)(3), Sch. 8

[^c9692131]: S. 7(7)(8) repealed (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(3), Sch. 10; S.I. 1992/817, art. 3(2), Sch.1

[^c9692231]: Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

[^c9692371]: Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

[^c9692391]: Word repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

[^c9692401]: Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

[^c9692411]: S. 14 substituted (13.10.2000) by 2000 asp 6, s. 40; S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

[^c9692421]: S. 14 amended (13.10.2000) by 2000 asp 6, ss. 3(2)(3), 5(1); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

[^c9692431]: S. 14ZA inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 7(2); S.I. 1992/817, art. 3(2), Sch. 4

[^c9692441]: S. 14A inserted by Education (Scotland) Act 1981 (c. 58), s. 12

[^c9692451]: 1968 c. 49.

[^c9692491]: Word inserted by Education (Scotland) Act 1981 (c. 58), Sch. 7 para. 3(c)

[^c9692631]: Words in s. 17(1) inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 7(3)(a); S.I. 1992/817, art. 3(2), Sch.4

[^c9692641]: Words inserted with saving by Education (Scotland) Act 1981 (c. 58), s. 8(1)(b)(i)(3)

[^c9692651]: Words repealed with saving by Education (Scotland) Act 1981 (c. 58), s. 8(1)(b)(i)(3), Sch. 9

[^c9692661]: Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

[^c9692671]: Words substituted with saving by Education (Scotland) Act 1981 (c. 58), s. 8(1)(b)(i)(3), Sch. 8

[^c9692681]: S. 17(2) substituted by Education (Scotland) Act 1981 (c. 58), s. 7(1), Sch. 8

[^c9692691]: Words in s. 17(3) inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 7(3)(a); S.I. 1992/817, art. 3(2), Sch.4

[^c9692711]: Words substituted with saving by Education (Scotland) Act 1981 (c. 58), s. 8(1)(b)(ii)(3), Sch. 8

[^c9692731]: S. 17(6) inserted (1.4.1993) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 7(3)(b); S.I. 1992/817, art. 3(2), Sch. 4

[^c9692741]: S. 18(5) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 80

[^c9692831]: Word in s. 19(1) repealed (18.9.1996) by 1996 c. 43, s. 36, Sch. 6; S.I. 1996/2250, art. 2.

[^c9692851]: Words from “of an education authority” to “that establishment” have become paragraph (a) of s. 19(2) by virtue of Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(6)(b)(i)

[^c9692861]: Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(6)(b)(ii)

[^c9692911]: Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(6)(c)(iv)

[^c9693021]: S. 19A inserted by Education (Amendment) (Scotland) Act 1984 (c. 6, SIF 41:2), s. 1

[^c9693041]: Words in s. 20(1) repealed (18.9.1996) by 1996 c. 43, s. 36, Sch. 6; S.I. 1996/2250, art. 2.

[^c9693051]: S. 20(2)(3) repealed (18.9.1996) by 1996 c. 43, s. 36, Sch. 6; S.I. 1996/2250, art. 2.

[^c9693071]: 1947 c. 42.

[^c9693131]: Ss. 21(2)–(4)(6) applied (with modifications) by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 12

[^c9693141]: Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(7)(a)

[^c9693151]: Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(7)(b)

[^c9693161]: Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1)(2), Sch. 10 para. 8(7)(c), Sch. 11

[^c9693171]: Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(7)(d)

[^c9693181]: Word substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(7)(e)

[^c9693191]: Words substituted for by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(7)(f)

[^c9693231]: Words repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9

[^c9693251]: 1841 c. 38.

[^c9693271]: Words inserted by Education (Scotland) Act 1981 (c. 58), s. 7(2)(a)(ii)

[^c9693281]: Word substituted by Education (Scotland) Act 1981 (c. 58), s. 7(2)(b)(i), Sch. 8

[^c9693301]: Words inserted by Education (Scotland) Act 1981 (c. 58), s. 7(2)(b)(iii)

[^c9693421]: Word in s. 22D(2)(a) substituted (1.4.1996) by 1994 c. 39, s. 144(a); S.I. 1996/323, art. 4(1)(a), Sch. 1.

[^c9693431]: Words in s. 22D(2)(c) substituted (1.4.1996) by 1994 c. 39, s. 144(b)(i); S.I. 1996/323, art. 4(1)(a), Sch. 1.

[^c9693441]: Words in s. 22D(2)(c)(i) substituted (1.4.1996) by 1994 c. 39, s. 144(b)(ii); S.I. 1996/323, art. 4(1)(a), Sch. 1.

[^c9693451]: Words in s. 22D(2)(c)(ii) inserted (1.4.1996) by 1994 c. 39, s. 144(b)(iii); S.I. 1996/323, art. 4(1)(a), Sch. 1.

[^c9693461]: S. 22D(3) substituted for s. 22D(3)(4) (1.4.1996) by 1994 c. 39, s. 144(c); S.I. 1996/323, art. 4(1)(a), Sch. 1.

[^c9693561]: S. 23 amended by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 29(1)

[^c9693571]: Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

[^c9693581]: Words inserted by Education (Scotland) Act 1981 (c. 58), Sch. 7 para. 5

[^c9693591]: S. 23(1A)-(1C) inserted (1.4.1996) by 1994 c. 39, s. 32(2) (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1.

[^c9693601]: Words repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9

[^c9693631]: Proviso repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9

[^c9693641]: Words inserted by Education (Scotland) Act 1981 (c. 58), Sch. 7 para. 6

[^c9693651]: S. 23(3A) inserted (1.4.1996) by 1994 c. 39, s. 32(3) (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1.

[^c9693661]: S. 23(5)–(7) repealed by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I

[^c9693671]: Ss. 5, 28(2), 59, 66(2), 111(4)(5), 129(5)(6), 132(1), Sch. 2 paras. 1, 3 repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9

[^c9693751]: Ss. 28A–28G inserted by Education (Scotland) Act 1981 (c. 58), s. 1(1) (the insertion being in force on or before 1.1.1983 except as regards s. 28G which came into force for some purposes prior to that date and for all remaining purposes on 9.3.1983)

[^c16009361]: Words in s. 28A(1) substituted (26.2.2002) by School Education (Amendment) (Scotland) Act 2002 (asp 2), s. 1(1)(a)(i)(2); S.S.I. 2002/74, art. 2

[^c9693771]: Words in s. 28A(1) inserted (13.10.2000) by 2000 asp 6, s. 43(2)(4); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

[^c9693781]: Words in s. 28A(1) substituted (18.9.1996) by 1996 c. 43, s. 33(2); S.I. 1996/2250, art. 2.

[^c16009421]: Words in s. 28A(1) substituted (26.2.2002) by School Education (Amendment) (Scotland) Act 2002 (asp 2), s. 1(1)(a)(ii)(2); S.S.I. 2002/74, art. 2

[^c9693791]: S. 28A(1A) inserted (13.10.2000) by 2000 asp 6, s. 44(3); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

[^c9693801]: S. 28A(3)(a)(iv)(v) and the word preceding it substituted (18.9.1996) for s. 28A(3)(a)(iv) by 1996 c. 43, s. 33(3); S.I. 1996/2250, art. 2.

[^c9693811]: S. 28A(3)(a)(vi) added (13.10.2000) by 2000 asp 6, s. 44(4); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

[^c9693821]: 1975 c. 65.

[^c9693831]: S. 28A(3A)-(3E) inserted (18.9.1996) by 1996 c. 43, s. 33(4); S.I. 1996/2250, art. 2.

[^c9693841]: Words in s. 28A(3A) repealed (13.10.2000) by 2000 asp 6, s. 44(5); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

[^c9693851]: S. 28A(3B)(3E) repealed (13.10.2000) by 2000 asp 6, s. 44(6); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

[^c16009531]: S. 28A(3F) inserted (26.2.2002) by School Education (Amendment) (Scotland) Act 2002 (asp 2), s. 1(1)(b)(2); S.S.I. 2002/74, art. 2

[^c16009581]: S. 28A(6) added (26.2.2002) by School Education (Amendment) (Scotland) Act 2002 (asp 2), s. 1(1)(c)(2); S.S.I. 2002/74, art. 2

[^c9694021]: S. 28C excluded (during period of 3 years beginning with 1.1.1983) by Education (Scotland) Act 1981 (c. 58), Sch. 8 para. 4(d)

[^c9694031]: S. 28C(2) repealed (13.10.2000) by 2000 asp 6, s. 43(3); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

[^c9694071]: S. 28E excluded (during period of 3 years beginning with 1.1.1983) by Education (Scotland) Act 1981 (c. 58), Sch. 8 para. 4(d)

[^c9694081]: S. 28E(7) repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. I

[^c9694091]: The text of s. 28E(8) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c9694101]: S. 28F excluded (during period of 3 years beginning with 1.1.1983) by Education (Scotland) Act 1981 (c. 58), Sch. 8 para. 4(d)

[^c16022271]: Word in s. 28G inserted (26.2.2002) by School Education (Amendment) (Scotland) Act 2002 (asp 2), s. 1(3)(a)(b); S.S.I. 2002/74, art. 2

[^c9694111]: S. 28H inserted (5.4.1983) by Education (Scotland) Act 1981 (c. 58), s. 1(1)

[^c9694121]: S. 28H extended (13.10.2000) by 2000 asp 6, s. 41; S.S.I. 2000/361, art. 3((1)(2), Sch. Pt. I

[^c9694131]: Ss. 28I-28K inserted (1.5.1993) by Education (Schools) Act 1992 (c. 38), s.17; S.I. 1993/1190, art.3 (with art. 4)

[^c9694141]: Ss. 28I-28K inserted (1.5.1993) by Education (Schools) Act 1992 (c. 38), s.17; S.I. 1993/1190, art.3 (with art. 4)

[^c9694151]: Ss. 28I-28K inserted (1.5.1993) by Education (Schools) Act 1992 (c. 38), s.17; S.I. 1993/1190, art.3 (with art. 4)

[^c9694161]: S. 29 repealed with saving by Education (Scotland) Act 1981 (c. 58), s. 8(2)(3), Sch. 9

[^c9694171]: S. 30 renumbered as s. 30(1) (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 3(5); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

[^c9694181]: S. 30(2) added (13.10.2000) by 2000 asp 6, s. 60(1), Sch. 2 para. 3(5); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

[^c9694191]: S. 31 applied (1.11.1996) by 1995 c. 36, s. 93(1); S.I. 1996/2203, art. 3(3), Sch. S. 31 applied (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 10(a) (which substituted definition in 1961 c. 34, s. 176(1)); S.I. 1996/3201, art. 3(7) (Sch. 4 para. 10(a) was repealed (1.9.1997) by 1996 c. 56, s. 582(2), Sch. 38 Pt. II).

[^c9694201]: S. 31 applied (1.9.1997) by 1996 c. 56, ss. 582(1)(4), 583(2), Sch. 37 Pt. II para. 135(substituting the definition of "child" in 1961 c. 34, s. 176(1)), Sch. 40 para. 1 (with ss. 1(4), 561, 562, Sch. 39); S.I. 1997/1623, art. 2.

[^c9694211]: S. 31 applied (1.11.1998) by 1998 c. 39, s. 55(4) (with s. 36); S.I. 1998/2574, art. 2(1), Sch. 1.

[^c9694221]: S. 33 applied (1.11.1998) by 1998 c. 39, s. 55(4) (with s. 36); S.I. 1998/2574, art. 2(1), Sch. 1.

[^c9694231]: S. 33(4) repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

[^c9694261]: S. 36(1): “(a)” inserted (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 3(1)(a)(i)

[^c9694271]: Words and paragraph (b) substituted for words in s. 36(1) (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 3(1)(a)(ii)

[^c9694281]: Words in s. 36(1) substituted (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 3(1)(b)

[^c9694291]: Words in s. 36(3) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 28(2); S.I. 1996/3201, art. 3(7).

[^c9694301]: S. 38(2)(b) substituted by Education (Scotland) Act 1981 (c. 58), Sch. 2 Pt. II para. 5, Sch. 8

[^c9694321]: Words inserted by Education (Scotland) Act 1981 (c. 58), s. 2(1)(a)

[^c9694331]: S. 42(1A) inserted by Education (Scotland) Act 1981 (c. 58), s. 2(1)(b)

[^c9694361]: Words in s. 43(1) substituted (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III.

[^c9694391]: S. 44(1) repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 28(3)(a), Sch. 5; S.I. 1996/3201, art. 3(7).

[^c9694401]: Words in s. 44(2) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 28(3)(b); S.I. 1996/3201, art. 3(7).

[^c9694411]: Ss. 45–48 repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

[^c9694491]: S. 48A repealed (13.10.2000) by 2000 asp 6, s. 16(6); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I

[^c9694421]: S. 48A inserted by Education (No. 2) Act 1986 (c. 61, SIF 41:2), s. 48

[^c9694521]: S. 49(1) modified (1.8.1995) by S.I. 1995/1739, reg. 3(1)(a). S. 49(1) restricted (1.8.1995) by S.I. 1995/1739, reg. 3(1)(b).

[^c9694531]: S. 49(2) modified (1.8.1995) by S.I. 1995/1739, reg. 3(1)(a). S. 49(2) restricted (1.8.1995) by S.I. 1995/1739, reg. 3(1)(b).

[^c9694541]: S. 49(2A) inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(9)

[^c9694651]: Word repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

[^c9694661]: S. 50(1)(c) repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c.39, SIF 41:2), s. 82(2), Sch. 11

[^c9694671]: Words inserted by Education (Scotland) Act 1981 (c.58), s. 2(2)(a)

[^c9694681]: Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11

[^c9694691]: Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(10)(a)

[^c9694701]: S. 50(1A) inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(10)(b)

[^c9694711]: Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(10)(c)

[^c9694731]: S. 50(3)(4) inserted by Education (Scotland) Act 1981 (c. 58), s. 2(2)(b)

[^c9694741]: Words in s. 50(3)(a) inserted (1.4.1996) by 1994 c. 39, s. 145(2)(a)(i); S.I. 1996/323, art. 4(1)(a), Sch. 1.

[^c9694751]: S. 50(3)(a)(i)(ii) inserted (1.4.1996) by 1994 c. 39, s. 145(2)(a)(ii); S.I. 1996/323, art. 4(1)(a), Sch. 1.

[^c9694761]: Words in s. 50(3)(b) inserted (1.4.1996) by 1994 c. 39, s. 145(2)(b); S.I. 1996/323, art. 4(1)(a), Sch. 1.

[^c9694891]: Words inserted by Education (Scotland) Act 1981 (c. 58), s. 2(3)(a)

[^c9694901]: Words inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 25(3), Sch. 6 para. 1(2)(a)

[^c9694911]: S. 51(2A)(2B) inserted by Education (Scotland) Act 1981 (c. 58), s. 2(3)(b)

[^c9694921]: Words in s. 51(2A)(a) inserted (1.4.1996) by 1994 c. 39, s. 145(3)(a)(i)(A); S.I. 1996/323, art. 4(1)(a), Sch. 1.

[^c9694931]: S. 51(2A)(a)(ii)(iii) inserted (1.4.1996) by 1994 c. 39, s. 145(3)(a)(i)(B); S.I. 1996/323, art. 4(1)(a), Sch. 1.

[^c9694941]: Words in s. 51(2A)(b) inserted (1.4.1996) by 1994 c. 39, s. 145(3)(a)(ii); S.I. 1996/323, art. 4(1)(a), Sch. 1.