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
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
Changes on 2010-02-22
@@ -4984,7 +4984,7 @@
#### Income plans under schemes.
#### Secretary of State may prescribe standards, etc., for education authorities.
#### Assessment of secondary school pupils.
#### Information as to placing in schools and other matters.
@@ -5128,7 +5128,7 @@
#### Recovery of cost of board and lodging.
#### Education of pupils in exceptional circumstances.
#### Power of education authorities to assist persons to take advantage of educational facilities.
#### Transitional and savings provisions, amendments and repeals.
@@ -5142,7 +5142,7 @@
#### Provision of transport and other facilities.
#### Appeal to sheriff from appeal committee.
#### Appeal committees: supplementary provisions.
#### Regulations relating to student loans.
@@ -5156,11 +5156,11 @@
#### 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.
#### Power of education authorities to make payments to persons providing education, etc.
#### Duty of education authorities to provide child guidance service.
#### Education in social work establishments.
#### Educational research.
#### Reference to appeal committee of refusal of placing request.
@@ -5186,289 +5186,289 @@
#### Selection of teachers.
#### Inspection of educational establishments.
#### Refusal of application for registration: disqualifications
##### 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.
#### Income plans under schemes.
#### 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.
#### Refusal of application for registration: disqualifications
#### 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.
#### Consent of child to medical procedures
#### Provision of clothing for pupils at public schools.
#### Recording of children and young persons.
#### Code of practice as regards inspections under section 66
#### Provision as to maximum amounts of certain allowances.
#### Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Selection of teachers.
#### Refusal of application for registration: disqualifications
##### 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.
#### Determination of complaints.
#### Payment of grants to be subject to conditions.
#### Information by governing bodies.
#### Registration: notification and appeals
#### Consent of child to medical procedures
#### Transitional and savings provisions, amendments and repeals.
#### Educational endowments applicable in part to non-educational purposes.
#### Provision of clothing for pupils at public schools.
#### Condition of provision of clothing by education authorities.
#### Regulations relating to student loans.
#### Examination of accounts.
#### Income plans under schemes.
#### 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.
#### Refusal of application for registration: disqualifications
#### 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.
#### Consent of child to medical procedures
#### Reference to appeal committee of refusal of placing request.
#### Provision of school meals.
#### Provision of clothing for pupils at public schools.
#### Recording of children and young persons.
#### Code of practice as regards inspections under section 66
#### Provision as to maximum amounts of certain allowances.
#### Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Selection of teachers.
#### Refusal of application for registration: disqualifications
#### Determination of complaints.
#### Examination of accounts.
#### 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.
#### Condition of provision of clothing by education authorities.
#### Regulations relating to student loans.
#### Examination of accounts.
#### Income plans under schemes.
#### Appeal committees.
#### Provision of school meals.
#### Provision of clothing for pupils at public schools.
#### Provision of school meals.
#### Recovery of cost of board and lodging.
### Food and drink: nutritional requirements
@@ -5541,154 +5541,154 @@
#### 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(3), to receive school lunches free of charge, receives those lunches.
##### 53B
- (1) This section applies where a school lunch is provided for a pupil free of charge by virtue of section 53(3).
- (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(3), 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 53(1)(a),
- (b) for the purpose of providing food or drink under that section, 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 that section, 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.
#### Industrial scholarships.
#### Amendment of enactments.
#### Interpretation.
#### Short title, commencement and extent.
#### Requirement to provide information as to school education.
#### Dates for commencement of school attendance.
#### Provision of transport and other facilities.
##### 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(3), to receive school lunches free of charge, receives those lunches.
##### 53B
- (1) This section applies where a school lunch is provided for a pupil free of charge by virtue of section 53(3).
- (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(3), 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 53(1)(a),
- (b) for the purpose of providing food or drink under that section, 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 that section, 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.
#### 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.
#### Regulations relating to student loans.
#### Protection of identity of pupils receiving free school lunches
#### Registration: notification and appeals
#### Enforcement of orders.
#### Income plans under schemes.
#### Amendment of enactments.
#### Interpretation.
#### Short title, commencement and extent.
#### Provision of clothing for pupils at public schools.
#### Condition of provision of clothing by education authorities.
#### Recording of children and young persons.
#### Regulations relating to student loans.
#### Provision as to maximum amounts of certain allowances.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Registration: notification and appeals
#### Enforcement of orders.
#### Educational endowments applicable in part to non-educational purposes.
#### Income plans under schemes.
#### Amendment of enactments.
#### Interpretation.
#### Short title, commencement and extent.
#### Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.
#### Selection of teachers.
#### Refusal of application for registration: disqualifications
#### Determination of complaints.
#### Sale of land belonging to educational endowments.
#### Information by governing bodies.
#### Consent of child to medical procedures
#### Notices.
#### Transitional and savings provisions, amendments and repeals.
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