LegalizeReform history
Education (Scotland) Act 1980
57 versions
· 1980-08-01
2026-03-01
Education (Scotland) Act 1980
2025-04-06
Education (Scotland) Act 1980
2025-04-01
Education (Scotland) Act 1980
2024-04-01
Education (Scotland) Act 1980
2023-04-01
Education (Scotland) Act 1980
2023-03-29
Education (Scotland) Act 1980
2022-08-01
Education (Scotland) Act 1980
2021-08-01
Education (Scotland) Act 1980
2020-08-01
Education (Scotland) Act 1980
2020-03-25
Education (Scotland) Act 1980
Changes on 2020-03-25
@@ -72,13 +72,13 @@
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Requirement to provide information as to school education.
#### Information as to schools.
##### 2
The Secretary of State may make regulations prescribing the standards and . . . requirements to which every education authority shall conform in discharging their functions under section 1 of this Act and without prejudice to the generality of the foregoing, such regulations may include provision as to the testing of pupils in primary schools.
#### Education of pupils in exceptional circumstances.
#### Power of education authorities to assist persons to take advantage of educational facilities.
##### 3
@@ -5144,6 +5144,16 @@
[^key-17c41c7fe2ef40c939a1ad1f56269aa1]: [S. 53(7)(aa)](https://www.legislation.gov.uk/ukpga/1980/44/section/53/7/aa) inserted (1.8.2019) by [The Education (Scotland) Act 1980 (Modification) Regulations 2019 (S.S.I. 2019/179)](https://www.legislation.gov.uk/ssi/2019/179), [regs. 1](https://www.legislation.gov.uk/ssi/2019/179/regulation/1), [2(2)](https://www.legislation.gov.uk/ssi/2019/179/regulation/2/2)
[^key-8ebca212e0bd5dd086513feb87c8d205]: [S. 1(1)](https://www.legislation.gov.uk/ukpga/1980/44/section/1/1) restricted (temp.) (25.3.2020) by [Coronavirus Act 2020 (c. 7)](https://www.legislation.gov.uk/ukpga/2020/7), [s. 87(1)](https://www.legislation.gov.uk/ukpga/2020/7/section/87/1), [Sch. 16 para. 9(1)(a)](https://www.legislation.gov.uk/ukpga/2020/7/schedule/16/paragraph/9/1/a) (with [ss. 89](https://www.legislation.gov.uk/ukpga/2020/7/section/89), [90](https://www.legislation.gov.uk/ukpga/2020/7/section/90))
[^key-66967a848740e21f3bf7d546dcd7005e]: [S. 14](https://www.legislation.gov.uk/ukpga/1980/44/section/14) restricted (temp.) (25.3.2020) by [Coronavirus Act 2020 (c. 7)](https://www.legislation.gov.uk/ukpga/2020/7), [s. 87(1)](https://www.legislation.gov.uk/ukpga/2020/7/section/87/1), [Sch. 16 para. 9(1)(a)](https://www.legislation.gov.uk/ukpga/2020/7/schedule/16/paragraph/9/1/a) (with [ss. 89](https://www.legislation.gov.uk/ukpga/2020/7/section/89), [90](https://www.legislation.gov.uk/ukpga/2020/7/section/90))
[^key-6ceb8dc9aced06270064f2059fecd2ac]: [S. 53(2)](https://www.legislation.gov.uk/ukpga/1980/44/section/53/2) restricted (temp.) (25.3.2020) by [Coronavirus Act 2020 (c. 7)](https://www.legislation.gov.uk/ukpga/2020/7), [s. 87(1)](https://www.legislation.gov.uk/ukpga/2020/7/section/87/1), [Sch. 16 para. 9(1)(a)](https://www.legislation.gov.uk/ukpga/2020/7/schedule/16/paragraph/9/1/a) (with [ss. 89](https://www.legislation.gov.uk/ukpga/2020/7/section/89), [90](https://www.legislation.gov.uk/ukpga/2020/7/section/90))
[^key-7b522e58109b1a66de6b0f573b3d465e]: [S. 30(1)](https://www.legislation.gov.uk/ukpga/1980/44/section/30/1) restricted (temp.) (25.3.2020) by [Coronavirus Act 2020 (c. 7)](https://www.legislation.gov.uk/ukpga/2020/7), [s. 87(1)](https://www.legislation.gov.uk/ukpga/2020/7/section/87/1), [Sch. 16 para. 9(1)(b)](https://www.legislation.gov.uk/ukpga/2020/7/schedule/16/paragraph/9/1/b) (with [ss. 89](https://www.legislation.gov.uk/ukpga/2020/7/section/89), [90](https://www.legislation.gov.uk/ukpga/2020/7/section/90))
[^key-c6a79d7387194fbb2ef9ce3b06914860]: [S. 35](https://www.legislation.gov.uk/ukpga/1980/44/section/35) restricted (temp.) (25.3.2020) by [Coronavirus Act 2020 (c. 7)](https://www.legislation.gov.uk/ukpga/2020/7), [s. 87(1)](https://www.legislation.gov.uk/ukpga/2020/7/section/87/1), [Sch. 16 para. 9(1)(c)](https://www.legislation.gov.uk/ukpga/2020/7/schedule/16/paragraph/9/1/c) (with [ss. 89](https://www.legislation.gov.uk/ukpga/2020/7/section/89), [90](https://www.legislation.gov.uk/ukpga/2020/7/section/90))
#### Recovery of cost of board and lodging.
#### Information by governing bodies.
@@ -5320,7 +5330,7 @@
#### Appeal to sheriff from appeal committee.
#### Appeal committees.
#### Reference to appeal committee of refusal of placing request.
#### Information by governing bodies.
@@ -5835,320 +5845,320 @@
#### Amendment of enactments.
#### Expenses of Secretary of State.
#### 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.
#### Examination of accounts.
#### Regulations relating to student loans.
#### Notices.
#### Transitional and savings provisions, amendments and repeals.
#### 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.
#### Provision as to maximum amounts of certain allowances.
#### Provision of food and clothing for pupils at schools other than public schools.
#### Industrial scholarships.
#### 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.
#### Selection of teachers.
#### 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
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Advisory councils.
#### Regulations relating to student loans.
#### 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.
#### Registration: notification and appeals
#### Enforcement of orders.
#### Provision as to maximum amounts of certain allowances.
#### Educational endowments applicable in part to non-educational purposes.
#### 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.
#### Enforcement of orders.
#### 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.
#### Secretary of State may prescribe standards, etc., for education authorities.
#### Fees not to be charged in public schools, etc: exceptions.
#### Meaning of pupil in sections 12 to 14.
#### Consultation on certain changes in educational matters.
#### Power of education authorities to make payments to persons providing education, etc.
#### Appeal committees: supplementary provisions.
#### School age.
#### Sections 49 and 50: matter to which education authority must have regard
#### Recovery of cost of board and lodging.
#### 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.
#### Recovery of cost of board and lodging.
#### 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.
#### Selection of teachers.
#### Regulations relating to student loans.
#### 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.
#### Payment of grants to be subject to conditions.
#### Regulations relating to student loans.
#### Notices.
#### Transitional and savings provisions, amendments and repeals.
#### 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.
#### Information by governing bodies.
#### 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
#### Condition of provision of clothing by education authorities.
#### Power to ensure cleanliness.
#### Recording of children and young persons.
#### Code of practice as regards inspections under section 66
#### Incidental expenses of and provision for pupils holding assisted places.
#### Selection of teachers.
#### 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.
#### Refusal of application for registration: disqualifications
#### Determination of complaints.
#### Provision as to maximum amounts of certain allowances.
#### Sale of land belonging to educational endowments.
#### Consent of child to medical procedures
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### 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.
#### 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.
#### Advisory councils.
#### Enforcement of orders.
#### 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.
#### Transitional and savings provisions, amendments and repeals.
2019-08-01
Education (Scotland) Act 1980
2016-08-01
Education (Scotland) Act 1980
2015-04-01
Education (Scotland) Act 1980
2015-03-31
Education (Scotland) Act 1980
2013-06-24
Education (Scotland) Act 1980
2012-04-02
Education (Scotland) Act 1980
2012-03-21
Education (Scotland) Act 1980
2011-02-28
Education (Scotland) Act 1980
2011-01-01
Education (Scotland) Act 1980
2010-11-14
Education (Scotland) Act 1980
2010-10-01
Education (Scotland) Act 1980
2010-05-05
Education (Scotland) Act 1980
2010-04-05
Education (Scotland) Act 1980
2010-02-22
Education (Scotland) Act 1980
2009-12-14
Education (Scotland) Act 1980
2009-04-01
Education (Scotland) Act 1980
2009-02-23
Education (Scotland) Act 1980
2009-01-20
Education (Scotland) Act 1980
2008-12-08
Education (Scotland) Act 1980
2008-12-01
Education (Scotland) Act 1980
2008-10-27
Education (Scotland) Act 1980
2008-08-04
Education (Scotland) Act 1980
2008-06-02
Education (Scotland) Act 1980
2008-05-12
Education (Scotland) Act 1980
2008-04-06
Education (Scotland) Act 1980
2008-04-01
Education (Scotland) Act 1980
2008-03-10
Education (Scotland) Act 1980
2007-10-10
Education (Scotland) Act 1980
2007-08-10
Education (Scotland) Act 1980
2007-08-01
Education (Scotland) Act 1980
2007-02-05
Education (Scotland) Act 1980
2006-10-01
Education (Scotland) Act 1980
2006-06-23
Education (Scotland) Act 1980
2006-04-01
Education (Scotland) Act 1980
2006-01-01
Education (Scotland) Act 1980
2005-12-31
Education (Scotland) Act 1980
2005-11-14
Education (Scotland) Act 1980
2005-10-05
Education (Scotland) Act 1980
2005-10-03
Education (Scotland) Act 1980
2005-01-31
Education (Scotland) Act 1980
2004-12-31
Education (Scotland) Act 1980
2004-11-28
Education (Scotland) Act 1980
2003-04-06
Education (Scotland) Act 1980
2003-04-01
Education (Scotland) Act 1980
2003-02-11
Education (Scotland) Act 1980
2002-10-01
Education (Scotland) Act 1980
1980-08-01
Education (Scotland) Act 1980
original version
Text at this date