Education (Scotland) Act 1980

• (b) where such application is, under that subsection, granted and conditions are, under subsection (4) of that section, imposed on the carrying on of the school, against the imposition of any such condition.

• (7) Where an order is made under section 98B(2), (3) or (4) of this Act, the proprietor may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (4)(a) above, appeal to the sheriff principal against the order.

• (8) Where an order is made under section 98B(5) of this Act, the proposed teacher may, before the expiry of the period of 28 days beginning with the day on which that proposed teacher is given notice under subsection (5)(a) above, appeal to the sheriff principal against the order.

98D

• (1) Where the Scottish Ministers are satisfied that a registered school is no longer being carried on as such, they may make an order directing the Registrar to remove the school from the register.

• (2) Where an order is made under subsection (1) above, the Scottish Ministers shall, as soon as reasonably practicable after so doing, give notice to—

• (a) the proprietor;

• (b) the Registrar; and

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

of the order.

• (3) The Registrar may, on the application of the proprietor of a registered school, remove that school from the register.

• (4) Where, under subsection (3) above, the Registrar removes a school from the register, the Registrar shall give notice to—

• (a) the proprietor; and

• (b) any other person or body the Registrar thinks fit,

of that fact.

98E

• (1) The Scottish Ministers may, if they are satisfied that it is necessary to prevent a registered school from becoming objectionable upon any of the grounds mentioned in section 99(1A) of this Act—

• (a) impose any condition on the carrying on of that registered school; or

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

as they think fit.

• (2) The Scottish Ministers may, on the application of the proprietor of a registered school, vary or revoke any condition imposed by virtue of this Part of this Act on the carrying on of that school.

• (3) An application such as is mentioned in subsection (2) above shall—

• (a) be in writing; and

• (b) specify the variation or revocation sought together with the reasons for seeking it.

• (4) Where, under this section, the Scottish Ministers impose, vary, revoke or refuse to vary or revoke a condition on the carrying on of a registered school, they shall, as soon as reasonably practicable after so doing, give notice to—

• (a) the proprietor;

• (b) the Registrar; and

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

of that imposition, variation, revocation or, as the case may be, refusal.

• (5) The proprietor of a registered school may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (4)(a) above, appeal to the sheriff principal against the imposition, variation or, as the case may be, refusal to vary or revoke.

103A

• (1) This section applies where the proprietor of an independent school is not an individual.

• (2) Any power in this Part of this Act, by virtue of which the Scottish Ministers may disqualify the proprietor of an independent school from being the proprietor of such a school, includes power to so disqualify a relevant person.

• (3) For the purposes of any provision in this Part of this Act relating to the disqualification of the proprietor of an independent school from being the proprietor of such a school, the proprietor shall be so disqualified if a relevant person is so disqualified.

• (4) Any reference in this Part of this Act to the disqualification of the proprietor of an independent school from working with children shall be construed as a reference to any relevant person’s being so disqualified.

• (5) Any reference in this Part of this Act to the proprietor of an independent school’s being (or not being) a proper person to be the proprietor of such a school shall be construed as including a reference to any relevant person’s being (or not being) such a proper person.

• (6) In this section, “relevant person”, in relation to the proprietor of an independent school, means—

• (a) in the case of such a proprietor which is a body corporate, any person who—

• (i) is a director, manager or secretary of the body corporate; or

• (ii) purports to act in any such capacity;

• (b) in the case of such a proprietor which is a Scottish partnership, any person who—

• (i) is a partner; or

• (ii) purports to act in that capacity; and

• (c) in the case of such a proprietor which is an unincorporated association other than a Scottish partnership, any person who—

• (i) is concerned in the management or control of the association; or

• (ii) purports to act in the capacity of a person so concerned.

103B

• (1) Where, under section 98A(3) of this Act, the Scottish Ministers grant an application for registration of an independent school, the registration of that school shall, unless the Scottish Ministers otherwise direct, have effect from the beginning of the day on which the proprietor is, under section 98C(1) of this Act, given notice of the grant of the application.

• (2) Where, under section 103(2)(a), (4)(b)(i) or (5)(a)(i) of this Act, the sheriff principal makes an order directing the Registrar to register an independent school, the registration of that school shall, unless the sheriff principal otherwise directs, have effect from the beginning of the day on which such an order is made.

• (3) Where, under section 98D(3) of this Act, the Registrar removes a registered school from the register, that removal shall have effect from the beginning of the day following the day on which notice under section 98D(4) of this Act is given.

• (4) Where, under section 98D(1) or 100(2)(a) of this Act, the Scottish Ministers make an order directing the Registrar to remove an independent school from the register that removal shall, unless the Scottish Ministers otherwise direct, have effect from the beginning of the day following the day on which the order is made.

Information by governing bodies.

Registration: notification and appeals

Transitional and savings provisions, amendments and repeals.

Educational endowments applicable in part to non-educational purposes.

Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.

Sale of land belonging to educational endowments.

Short title, commencement and extent.

28L

• (1) This section applies for the purposes of doing anything in writing under–

• (a) section 28A(1) or (4);

• (b) section 28E(3) or (5);

• (c) section 28H(3); or

• (d) regulations made under section 28A(5), 28D(3) or 28H(5),

of this Act.

• (2) Subject to subsection (3) below, any request, information, notification or other thing which must be in writing may be done by means of a document–

• (i) transmitted by electronic means;

• (ii) received in legible form; and

• (iii) capable of being used for subsequent reference.

• (3) An education authority shall be bound to accept receipt of a request made under section 28A(1) of this Act by way of electronic communication only if that authority–

• (a) has passed a resolution to accept receipt of requests so transmitted; and

• (b) has, under section 28B(1)(a) of this Act, published or otherwise made that resolution available.

Inspection of educational establishments.

Educational endowments applicable in part to non-educational purposes.

Consent of child to medical procedures

Educational endowments applicable in part to non-educational purposes.

Expenses of Secretary of State.

Advisory councils.

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

Condition of provision of clothing by education authorities.

Refusal of application for registration: disqualifications

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

Amendment of enactments.

Educational endowments applicable in part to non-educational purposes.

Recovery of cost of board and lodging.

Provision of clothing for pupils at public schools.

Recording of children and young persons.

Provision of transport and other facilities.

Provision as to maximum amounts of certain allowances.

Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.

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

Selection of teachers.

Advisory councils.

Regulations relating to student loans.

Payment of grants to be subject to conditions.

Information by governing bodies.

Consent of child to medical procedures

Transitional and savings provisions, amendments and repeals.

Provision of clothing for pupils at public schools.

Provision of transport and other facilities.

Regulations relating to student loans.

Examination of accounts.

Income plans under schemes.

Reference to appeal committee of refusal of placing request.

Provision of school meals.

Provision of clothing for pupils at public schools.

Recovery of cost of board and lodging.

Food and drink: nutritional requirements

56A

• (1) Where subsection (2) applies in relation to food or drink provided for pupils in attendance at public schools, an education authority must ensure that the food or, as the case may be, drink complies with nutritional requirements specified by the Scottish Ministers by regulations.

• (2) This subsection applies where—

• (a) food or drink is provided under section 53(2) or (3), or

• (b) food or drink provided on the premises of a public school or on the premises of a hostel provided and maintained by the education authority for pupils—

• (i) is not provided under section 53(2) or (3), and

• (ii) does not fall within subsection (3).

• (3) Food or drink falls within this subsection if it is—

• (a) brought onto the premises of the school or hostel by a pupil, or

• (b) provided as part of a social, cultural or recreative activity (whether or not the activity is organised by an education authority).

• (4) It is immaterial for the purposes of subsection (1) whether food or drink is provided by—

• (a) the education authority, or

• (b) another person in pursuance of an agreement or other arrangement with the authority.

56B

• (1) Regulations such as are mentioned in section 56A(1) may, in particular, include provision for or in connection with—

• (a) specifying particular foods or drinks which satisfy, or fail to satisfy, nutritional requirements specified in the regulations,

• (b) specifying circumstances where food or drink may be provided to a pupil even if it does not satisfy nutritional requirements specified in the regulations,

• (c) requiring that drinking water be made available for every pupil, free of charge, on the premises of—

• (i) a public school, or

• (ii) a hostel provided and maintained by an education authority for pupils.

• (2) Regulations under section 56A(1) may make different provision for different purposes and for different descriptions of pupil.

56C

An education authority must, in carrying out the duty imposed on them by section 56A(1), have regard to any relevant guidance issued by the Scottish Ministers.

56D

• (1) Sections 56A to 56C apply in relation to the managers of a grant-aided school as they apply in relation to an education authority.

• (2) For the purposes of that application, those sections are to be read as if the modifications mentioned in subsections (3) to (5) had been made.

• (3) For subsections (1) and (2) of section 56A substitute—

(1) The managers of a grant-aided school must ensure that food and drink provided for pupils in attendance at the school which— (a) is provided on the premises, and (b) does not fall within subsection (3), complies with nutritional requirements specified by the Scottish Ministers by regulations.

.

• (4) In sections 56A(3)(a) and 56B(1)(c) the references to a hostel are omitted.

• (5) In section 56B(1)(c) the reference to a public school is to be read as a reference to a grant-aided school.

Regulations relating to student loans.

Provision of clothing for pupils at public schools.

Advisory councils.

Income plans under schemes.

Incidental expenses of and provision for pupils holding assisted places.

Short title, commencement and extent.

Information as to schools.

School age.

Sections 49 and 50: matter to which education authority must have regard

50A

The matter referred to in sections 49(2ZA) and 50(1ZA) is the extent to which food and drink provided for pupils in attendance at the independent school which—

• (a) is provided on the premises of the school, and

• (b) is not—

• (i) brought onto the premises by a pupil, or

• (ii) provided as part of a social, cultural or recreative activity (whether or not the activity is organised by the proprietor of the independent school),

would comply with nutritional requirements specified by the Scottish Ministers by regulations such as are mentioned in section 56A(1) if those regulations applied in relation to the independent school.

53A

• (1) An education authority must—

• (a) promote the availability of school lunches in public schools and other educational establishments under the authority's management, and

• (b) encourage pupils in attendance at those schools and other educational establishments to consume school lunches.

• (2) In particular, an education authority must take reasonable steps to ensure that every pupil who is entitled, by virtue of section 53, to receive school lunches free of charge, receives those lunches.

53B

• (1) This section applies , subject to subsection (1A), where a school lunch is provided for a pupil free of charge by virtue of section 53.

• (1A) This section does not apply in such circumstances as the Scottish Ministers may by regulations prescribe.

• (2) An education authority must take reasonable steps to ensure that the pupil cannot be identified by any person other than an authorised person as a pupil who receives a school lunch free of charge.

• (3) An education authority must take reasonable steps to ensure that none of the persons mentioned in subsection (4) discloses to any person other than an authorised person the fact that the pupil receives school lunches free of charge.

• (4) Those persons are—

• (a) a teacher in the school,

• (b) any person (other than a teacher) who is—

• (i) employed (whether by the education authority or by another person) in the school, or

• (ii) working there on an unpaid basis,

• (c) any other person employed by the education authority.

• (5) In subsections (2) and (3), “authorised person” means—

• (a) a parent of the pupil,

• (b) a person mentioned in subsection (4) who is authorised by the education authority to have access to information about a pupil's entitlement, by virtue of section 53, to receive school lunches free of charge.

Food and drink: guidance about sustainable development

56E

• (1) Subsection (2) applies where an education authority—

• (a) provide food or drink under section subsection (2) or (3) of section 53 to pupils mentioned in subsection (1)(a) of that section,

• (b) for the purpose of providing food or drink under section 53(2) or (3) to such pupils , provide services relating to the provision of the food or drink, or

• (c) enter into an agreement for the provision by another person of—

• (i) food or drink to be provided under section 53(2) or (3) to such pupils, or

• (ii) services relating to the provision of the food or drink.

• (2) The authority must have regard to any guidance issued by the Scottish Ministers about the application of the principles of sustainable development.

• (3) Subsection (4) applies where the managers of a grant-aided school—

• (a) provide—

• (i) food or drink for pupils in attendance at the school, or

• (ii) services relating to the provision of such food or drink, or

• (b) enter into an agreement for the provision by another person of—

• (i) food or drink for pupils in attendance at the school, or

• (ii) services relating to the provision of such food or drink.

• (4) The managers must have regard to any guidance issued by the Scottish Ministers about the application of the principles of sustainable development.

• (5) Guidance issued under subsection (2) or (4) may, in particular, include guidance about the extent to which the application of the principles of sustainable development may be affected by considerations relating to—

• (a) fair and ethical trading,

• (b) the places where food or drink is produced or processed.

Recording of children and young persons.

Code of practice as regards inspections under section 66

Expenses of Secretary of State.

Regulations relating to student loans.

Promotion of school lunches

Registration: notification and appeals

Enforcement of orders.

Income plans under schemes.

Amendment of enactments.

Advisory councils.

Regulations relating to student loans.

Provision of clothing for pupils at public schools.

Provision of clothing for pupils at public schools.

Examination and assessment of children and young persons.

Recovery of cost of board and lodging.

Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.

Selection of teachers.

Regulations relating to student loans.

Determination of complaints.

Provision of clothing for pupils at public schools.

Payment of grants to be subject to conditions.

Regulations relating to student loans.

Notices.

Sale of land belonging to educational endowments.

Consultation on certain changes in educational matters.

Power of education authorities to make payments to persons providing education, etc.

Appeal committees: supplementary provisions.

Information as to schools.

School age.

Appeal committees.

Promotion of school lunches

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

Payment of grants to be subject to conditions.

Incidental expenses of and provision for pupils holding assisted places.

Provision of school meals.

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

Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.

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

Incidental expenses of and provision for pupils holding assisted places.

Notices.

Income plans under schemes.

Information as to placing in schools and other matters.

Appeal to sheriff from appeal committee.

Requirement to provide information as to school education.

Education of pupils in exceptional circumstances.

Promotion of school lunches

Examination and assessment of children and young persons.

Protection of identity of pupils receiving free school lunches

Code of practice as regards inspections under section 66

Incidental expenses of and provision for pupils holding assisted places.

Refusal of application for registration: disqualifications

Refusal of application for registration: disqualifications

Determination of complaints.

Refusal of application for registration: disqualifications

Determination of complaints.

Consent of child to medical procedures

Income plans under schemes.

Transitional and savings provisions, amendments and repeals.

Promotion of school lunches

Selection of teachers.

Advisory councils.

Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.

Payment of grants to be subject to conditions.

Incidental expenses of and provision for pupils holding assisted places.

Selection of teachers.

Incidental expenses of and provision for pupils holding assisted places.

Notices.

Selection of teachers.

Notices.

Consent of child to medical procedures

Requirement to provide information as to school education.

Dates for commencement of school attendance.

Education of pupils in exceptional circumstances.

Provision of clothing for pupils at public schools.

Condition of provision of clothing by education authorities.

Recording of children and young persons.

Determination of complaints.

Enforcement of orders.

Provision as to maximum amounts of certain allowances.

Information by governing bodies.

Amendment of enactments.

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

Payment of grants to be subject to conditions.

Consent of child to medical procedures

Educational endowments applicable in part to non-educational purposes.

Income plans under schemes.

Amendment of enactments.

Interpretation.

Short title, commencement and extent.

Advisory councils.

Transitional and savings provisions, amendments and repeals.

Educational endowments applicable in part to non-educational purposes.

Income plans under schemes.

Interpretation.

Transitional and savings provisions, amendments and repeals.

Educational endowments applicable in part to non-educational purposes.

Transitional and savings provisions, amendments and repeals.

Consent of child to medical procedures

Notices.

Learning hours

Duty of education authorities to provide child guidance service.

Education in social work establishments.

Consent for certain changes in educational matters.

Educational research.

Appeal to sheriff from appeal committee.

Dates for commencement of school attendance.

Provision of transport and other facilities.

Provision of school meals

Provision of clothing for pupils at public schools.

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

Examination and assessment of children and young persons.

Inspection of educational establishments.

Transfer or delegation of functions relating to student support.

Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.

Refusal of application for registration: disqualifications

Determination of complaints.

Sale of land belonging to educational endowments.

Information by governing bodies.

Transitional and savings provisions, amendments and repeals.

2ZA

• (1) An education authority and the managers of a grant-aided school must secure that no fewer than the prescribed number of learning hours (the “prescribed hours”) are made available during each school year to each pupil for whose school education the authority is, or the managers are, responsible (but subject to subsection (3)).

• (2) For the purposes of subsection (1)—

• (a) an education authority is “responsible” for the school education of a pupil if the pupil belongs to the authority's area and the pupil is, or is about to be, provided with school education—

• (i) in a school which is under the management of the authority, or

• (ii) by virtue of arrangements made or entered into by the authority,

• (b) the managers of a grant-aided school are “responsible” for the school education of a pupil if the pupil is provided with school education in a grant-aided school which is under the management of the managers of the school (except where the education is provided for the pupil in the school by virtue of arrangements as mentioned in paragraph (a)(ii)).

• (3) Where any of the circumstances mentioned in subsection (4) (the “relevant circumstances”) apply to a pupil during a school year (the “relevant year”), an education authority may secure that fewer than the prescribed hours are made available to the pupil during the relevant year.

• (4) The relevant circumstances are—

• (a) that the authority is satisfied that the pupil's wellbeing would be adversely affected if the prescribed hours were to be made available to the pupil during the relevant year,

• (b) that, because of matters outwith the control of the authority, it is impracticable for the authority to secure that the prescribed hours are made available to the pupil during the relevant year,

• (c) that other prescribed circumstances apply.

• (5) Where an education authority exercises the power conferred by subsection (3) in relation to a pupil, the authority must secure that no fewer than the reduced hours are made available to the pupil during the relevant year.

• (6) In subsection (5), “reduced hours”, in relation to a pupil, means the prescribed hours less the number of learning hours that were not, by virtue of the application of the relevant circumstances in relation to the pupil, made available during the relevant year to the pupil.

• (7) For the purposes of subsection (4)(a), the education authority is to determine whether it is satisfied that a pupil's wellbeing would be adversely affected by reference to the extent to which the pupil is or would be—

• safe,

• healthy,

• achieving,

• nurtured,

• active,

• respected,

• responsible, and

• included.

• (8) Subsections (3) to (7) apply in relation to the managers of a grant-aided school as they apply in relation to an education authority.

• (9) Regulations under subsection (1) or (4)(c), or under the definition of “learning hours” in subsection (12), may—

• (a) include transitional or transitory provision,

• (b) make different provision for different purposes,

• (c) make different provision for different types of pupil.

• (10) The Scottish Ministers may by regulations modify the list in subsection (7) so as to amend, remove or add to the matters for the time being mentioned in the list.

• (11) Before making any regulations under subsection (1), (4)(c) or (10) or under the definition of “learning hours” in subsection (12), the Scottish Ministers must consult such persons as they consider appropriate.

• (12) In this section—

• “learning hours” means hours of school education of such type as may be prescribed,

• “prescribed” means prescribed by the Scottish Ministers by regulations,

• “school education” does not include early learning and childcare,

• “school year” means the period of 12 months beginning on 1 August.

Provision of clothing for pupils at public schools.

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

Medical and dental examination and inspection.

Examination and assessment of children and young persons.

Inspection of educational establishments.

Transfer or delegation of functions relating to student support.

90A

• (1) The Scottish Ministers may by regulations under section 2 or 74(1) prescribe that only persons falling within subsection (2) may be appointed by education authorities or managers of grant-aided schools as head teachers of schools.

• (2) A person falls within this subsection if the person has achieved such standards of education and training as may be specified in regulations mentioned in subsection (1).

• (3) Regulations made by virtue of subsections (1) and (2) may—

• (a) provide for exemptions or exceptions,

• (b) make different provision for different purposes,

• (c) make consequential, transitional or transitory provision or savings.

Short title, commencement and extent.

Consent of child to medical procedures