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Revised Statute from The UK Statute Law Database

Education (Scotland) Act 1980 (c. 44)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not in the form in which it was originally enacted but is a revised version, which means that subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007 and 2008. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Education (Scotland) Act 1980

1980 CHAPTER 44

Contents

Go to Preamble

  1. Part I

    Provision of Education by Education Authorities

    1. School education and further education

      1. 1. Duty of education authorities to secure provision of education

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

      3. 2A.Assessment of secondary school pupils

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

      5. 4. Duty of education authorities to provide child guidance service

      6. 5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. 6. Social activities, physical education, etc

      8. 7. Provision of educational facilities to be in accordance with schemes

      9. 8. Religious instruction

      10. 9. Conscience clause

      11. 10. Safeguards for religious beliefs

      12. 11. Provision of books, materials and special clothing free of charge

      13. 12. Library service

      14. 13. Provision of hotels

      15. 14. Education for children unable to attend school etc

      16. 14ZA. Meaning of pupil in sections 12 to 14

      17. 14A. Education in social work establishments

    2. Transference of schools to education authorities

      1. 15. Transference of endowed schools to education authorities

      2. 16. Transference of denominational schools to education authorities

    3. Provision, maintenance and equipment of schools and other buildings

      1. 17. Provision, maintenance and equipment of schools and other buildings

      2. 18. Improvements as to premises of educational establishments for the safety of pupils

      3. 19. Power of Secretary of State to prescribe standards for premises, etc., of educational establishments

      4. 19A. Secretary of State’s power to control use of dangerous materials or apparatus in educational establishments

      5. 20. Acquisition of land and execution of works

    4. Management of denominational schools

      1. 21. Management of denominational schools

    5. Discontinuance and moves of educationalestablishments

      1. 22. Discontinuance and moves of educational establishments

    6. Consultation on, and consent for, changes in certain educational matters

      1. 22A. Consultation on certain changes in educational matters

      2. 22B. Consent for certain changes in educational matters

      3. 22C. Consent for certain changes affecting denominational schools

      4. 22D. Further provisions relating to denominational schools

    7. Co-operation between education authorities and others

      1. 23. Provision by education authority for education of pupils belonging to areas of other authorities

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

    8. Promotion of educational developments

      1. 25. Educational research

      2. 26. Educational conferences

      3. 27. Provision of museums by education authorities

  2. Part II

    Rights and duties of Parents and functions of Education Authorities in relation to Individual Pupils

    1. General principle

      1. 28. Pupils to be educated in accordance with the wishes of their parents

      2. 28A. Duty to comply with parents’ requests as to schools

      3. 28B. Information as to placing in schools and other matters

      4. 28C. Reference to appeal committee of refusal of placing request

      5. 28D. Appeal committees

      6. 28E. Appeal committees: supplementary provisions

      7. 28F. Appeal to sheriff from appeal committee

      8. 28G. Application of sections 28A to 28F and Schedule A1 to young persons

      9. 28H. Reference to appeal committee, and appeal therefrom of decision to exclude pupil

    2. Information as to schools and pupils

      1. 28I.Information as to schools

      2. 28J.Requirement to provide information as to school education

      3. 28K. Information as to pupils

      4. 29.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. Duty of parents to provide education for their children

      1. 30. Duty of parents to provide education for their children

      2. 31. School age

      3. 32. Dates for commencement of school attendance

      4. 33. School leaving dates

      5. 34. Exemption from school attendance

    4. Failure of parents to provide education for their children

      1. 35. Failure by parent to secure regular attendance by his child at a public school

      2. 36. Power of education authority in relation to irregular attendance of child at a public school

      3. 37. Power of education authority where not satisfied that parent is providing efficient education for his child

    5. Attendance orders

      1. 38. Making of attendance orders

      2. 39. Amendment and revocation of attendance orders

      3. 40. Period of operation of attendance orders

      4. 41. Failure to comply with attendance order

    6. Reasonable Excuses

      1. 42. Reasonable excuses

    7. Prosecutions

      1. 43. Prosecutions and penalties

      2. 44. Powers of Courts in relation to child

      3. 45—48... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    8. Corporal Punishment

      1. 48A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    9. Provision to assist pupils to take advantage of educational facilities

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

      2. 50. Education of pupils in exceptional circumstances

      3. 51. Provision of transport and other facilities

      4. 52. Recovery of cost of board and lodging

    10. Provision of food and clothing

      1. 53. Provision of school meals

      2. 54. Provision of clothing for pupils at public schools

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

      4. 56. Condition of provision of clothing by education authorities

    11. Health and cleanliness of pupils

      1. 57. Medical and dental examination and inspection

      2. 58. Power to ensure cleanliness

    12. Children requiring special education

      1. 59.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 60. Functions of education authority in relation to children and young persons with certain special educational needs

      3. 61. Examination and assessment of children and young persons

      4. 62. Recording of children and young persons

      5. 63. Appeals against decisions about recorded children or young persons

      6. 64. Provisions supplementary to section 63

      7. 65. Appeal to sheriff on the placing in a school of a recorded child or young person

      8. 65A. Review by education authority of decision to record and information in Record

      9. 65C. Continuance of Record of young persons

      10. 65D. Regulations regarding Records

      11. 65E. Application of certain provisions of this Act to recorded children and young persons

      12. 65F. Secretary of State may prescribe standards etc. for special schools

      13. 65G. Attendance of certain children and young persons with special educational needs at establishments outwith United Kingdom

  3. Part III

    Administration and Finance

    1. Central administration

      1. 66. Inspection of educational establishments

      2. 66A. Code of practice as regards inspections under section 66

      3. 67. Local inquiries

      4. 68. Power to require submission to medical examination

      5. 69. Approval and carrying out of schemes

      6. 70. Powers to enforce duty of education authorities and other persons

    2. Advisory councils

      1. 71. Advisory councils

    3. Finance

      1. 72. Expenses of Secretary of State

      2. 73. Power of Secretary of State to make grants to education authorities and others

      3. 73A. Transfer or delegation of functions relating to student support

      4. 73B. Regulations relating to student loans

      5. 73C. Transitional provisions and savings on repeal of Education (Student Loans) Act 1990

      6. 73D. Provision as to maximum amounts of certain allowances

      7. 73E. Supply of information in connection with student loans

      8. 74. Payment of grants to be subject to conditions

      9. 75. Examination of accounts

      10. 75A. Assisted places at grant-aided and independent schools

      11. 75B. Incidental expenses of and provision for pupils holding assisted places

      12. 76. Industrial scholarships

    4. 77. Grant-aided colleges

    5. Appointment of director of education

      1. 78. Appointment of director of education

    6. Local administration

      1. 79. Education authorities may receive and administer bequests

      2. 80. Funds for behalf of public schools etc., to be transferred to education authorities

      3. 81. Trust funds to be kept separate

      4. 82. Reports by education authorities

      5. 83. Returns by registrars of births, deaths, and marriages to education authorities

      6. 84. Certificates of birth

      7. 85. Presumption of age

      8. 86. Admissibility of documents

  4. Part IV

    Teachers

    1. Appointment, dismissal, retirement and employment of teachers

      1. 87. Appointment of teachers

      2. 87A. Appointment of principal teachers

      3. 87B. Selection of teachers

      4. 88.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 89. Age of retirement of teachers

      6. 90. Employment of teachers

    2. Pay and conditions of teaching staff employed in providing school education

      1. 91.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 92.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 93.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 94—96... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. Provisions common to the two committees

      1. 97.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 97A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 97B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 97C.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 97D.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  5. Part V

    Independent Schools

    1. 98. Registration of independent schools

    2. 98A. Refusal of registration: referral to Independent Schools Tribunal

    3. 99. Complaints

    4. 100. Determination of complaints

    5. 101. Enforcement of orders

    6. 102. Removal of disqualifications

    7. 103. Proceedings before Independent Schools Tribunals and matters relating thereto

  6. Part VI

    Reorganisation of Endowments

    1. 104. Register of educational endowments

    2. 105. Schemes for reorganisation of educational endowments

    3. 106. Sale of land belonging to educational endowments

    4. 107. Educational endowments applicable in part to non-educational purposes

    5. 108. Non-educational endowments

    6. 108A. Courts’ power to give effect to reorganisation scheme on petition of Lord Advocate

    7. 109. Provisions regarding interests of individuals

    8. 110. Provisions as to beneficiaries and teachers

    9. 111. Accounts and audit of educational endowments

    10. 112. Procedure in preparation of reorganisation schemes

    11. 113.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    12. 114. Effect of schemes

    13. 115, 116... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    14. 117. Cost of publishing scheme, etc

    15. 118. Information by governing bodies

    16. 118A. Income plans under schemes

    17. 119. Quorum of governing body

    18. 120. Provision for default of governing body

    19. 121. Judgment of Court of Session final

    20. 122. Interpretation of Part VI

  7. Part VII

    Miscellaneous Provisions

    1. Employment

      1. 123. Work experience in last year of compulsory schooling

      2. 124.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 125. Adaptation of enactments relating to employment of children and young persons

    2. Children and young persons in accommodation

      1. 125A. Welfare of children and young persons in accommodation provided for purposes of school attendance

    3. Careers services of education authorities

      1. 126.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 127.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 128. Control of education authorities by Secretary of State

    4. Examinations Board

      1. 129.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. Savings and exceptions

      1. 130. Saving as to persons in the service of the Crown

      2. 131. Saving as to persons suffering from mental disorder and persons detained by order

      3. 131A. Consent of child to medical procedures

    6. General

      1. 132. Amendment of enactments

      2. 133. Regulations, etc

      3. 134. Notices

      4. 135. Interpretation

      5. 136. Transitional and savings provisions, amendments and repeals

      6. 137. Short title, commencement and extent

  8. SCHEDULE A1

    Appeal Committees

  9. SCHEDULE A2

    Application of Certain Provisions of this Act to Recorded Children and Young Persons

  10. SCHEDULE 1

    Local Inquiries

  11. SCHEDULE 1A

    . .

  12. SCHEDULE 1B

  13. SCHEDULE 2

    Constitution of Independent Schools Tribunals

  14. SCHEDULE 3

    Transitional and Savings Provisions

  15. SCHEDULE 4

    Amendment of Enactments

  16. Schedule 5

    Enactments Repealed

  17. SCHEDULE 6

    Postponement of The Commencement of Certain Provisions

An Act to consolidate certain enactments relating to education in Scotland with amendments to give effect to recommendations of the Scottish Law Commission.

[1st August 1980]

Annotations:

Modifications etc. (not altering text)

C1Act applied (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 36(3) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch.1

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