Education (Scotland) Act 1980

Recovery of cost of board and lodging.

Information by governing bodies.

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

Educational research.

Income plans under schemes.

Secretary of State may prescribe standards, etc., for education authorities.

Educational research.

Provision of transport and other facilities.

Recovery of cost of board and lodging.

Provision of clothing for pupils at public schools.

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

Information as to placing in schools and other matters.

Information as to placing in schools and other matters.

66B

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66C

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66D

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

Appeal committees: supplementary provisions.

Consent of child to medical procedures

73ZA

• (1) The Scottish Ministers may direct—

• (a) the Scottish Further and Higher Education Funding Council; or

• (b) any other body or person,

to administer any sums applied by the Scottish Ministers for a purpose referred to in paragraph (a), (c) or (f) of section 73 of this Act.

• (2) A body or person to whom a direction is given under subsection (1) above shall administer those sums—

• (a) in such manner and to such extent; and

• (b) subject to such conditions,

as the Scottish Ministers may in the direction specify.

• (3) The reference in subsection (1) above to a purpose referred to in paragraph (a), (c) or (f) of section 73 of this Act is a reference to that purpose 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.

• (4) In subsection (3) above, “post-16 education bodies” shall be construed in accordance with the Further and Higher Education (Scotland) Act 2005 (asp 6).

Regulations relating to student loans.

Information as to placing in schools and other matters.

Recovery of cost of board and lodging.

Power of education authorities to assist persons to take advantage of educational facilities.

Transitional and savings provisions, amendments and repeals.

Meaning of pupil in sections 12 to 14.

Information as to placing in schools and other matters.

Provision of transport and other facilities.

Recovery of cost of board and lodging.

Provision of transport and other facilities.

Reference to appeal committee of refusal of placing request.

Regulations relating to student loans.

Appeal committees.

Appeal to sheriff from appeal committee.

Appeal committees.

Information by governing bodies.

Transitional and savings provisions, amendments and repeals.

Fees not to be charged in public schools, etc: exceptions.

Meaning of pupil in sections 12 to 14.

Educational research.

Information as to placing in schools and other matters.

Provision of clothing for pupils at public schools.

Recording of children and young persons.

Recovery of cost of board and lodging.

Code of practice as regards inspections under section 66

Inspection of educational establishments.

Expenses of Secretary of State.

Advisory councils.

Payment of grants to be subject to conditions.

Payment of grants to be subject to conditions.

Protection of identity of pupils receiving free school lunches

Selection of teachers.

Inspection of educational establishments.

Examination and assessment of children and young persons.

98B

• (1) This section applies where the Scottish Ministers refuse an application for registration on the ground that they are not satisfied that—

• (a) the proposed school premises are suitable for use as a school;

• (b) accommodation to be provided at the proposed school premises is adequate and suitable, having regard to the number, ages and sex of the pupils who shall be attending the school;

• (c) the proprietor of the independent school is a proper person to be the proprietor of such a school; or

• (d) a proposed teacher in the school is a proper person to be a teacher in any school.

• (2) Where the Scottish Ministers refuse an application for registration on the ground mentioned in subsection (1)(a) above they may make an order disqualifying the proposed school premises or any part of them from being used as a school.

• (3) Where the Scottish Ministers refuse an application for registration on the ground mentioned in subsection (1)(b) above they may make an order disqualifying the accommodation from being used as such or from being used as such for pupils—

• (a) exceeding such number; or

• (b) of such age or sex,

as they may specify.

• (4) Where the Scottish Ministers refuse an application for registration on the ground mentioned in subsection (1)(c) above they may make an order disqualifying the proprietor from being the proprietor of an independent school.

• (5) Where the Scottish Ministers refuse an application for registration on the ground mentioned in subsection (1)(d) above they may make an order disqualifying the proposed teacher from being a teacher in any school.

98C

• (1) The Scottish Ministers shall give notice to the persons mentioned in subsection (2) below of their decision on an application for registration of an independent school.

• (2) The persons referred to in subsection (1) above are—

• (a) the proprietor;

• (b) where the application for registration is refused on the ground that the Scottish Ministers are not satisfied that a proposed teacher in the school is a proper person to be a teacher in any school, that proposed teacher;

• (c) the Registrar; and

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

• (3) Where, under section 98A(3) of this Act, the Scottish Ministers grant an application for registration of an independent school, they shall direct the Registrar to register that school.

• (4) Where an order is made under section 98B(2), (3) or (4) of this Act, the Scottish Ministers shall, as soon as reasonably practicable after making the order, give notice to—

• (a) the proprietor;

• (b) the Registrar; and

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

of the order.

• (5) Where an order is made under section 98B(5) of this Act, the Scottish Ministers shall, as soon as reasonably practicable after making the order, give notice to—

• (a) the proposed teacher to whom the order relates;

• (b) the Registrar; and

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

of the order.

• (6) The proprietor of an independent school may, before the expiry of the period of 28 days beginning with the day on which that proprietor is given notice under subsection (1) above, appeal to the sheriff principal—

• (a) where the application for registration of the school is, under subsection (3) of section 98A of this Act, refused, against that refusal; or

• (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.

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Condition of provision of clothing by education authorities.

Refusal of application for registration: disqualifications

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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.

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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),