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Education (Scotland) Act 1980

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

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

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

      5. 5.Special education for children with certain disabilities

      6. 6.Social activities, physical education, etc.

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

      8. 8.Religious instruction

      9. 9.Conscience clause

      10. 10.Safeguards for religious beliefs

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

      12. 12.Library service

      13. 13.Provision of hostels

      14. 14.Power to provide education elsewhere than at an educational establishment

    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. 20.Acquisition of land and execution of works

    4. Management of denominational schools

      1. 21.Management of denominational schools

    5. Discontinuance and moves of educational establishments

      1. 22.Discontinuance and moves of educational establishments

    6. 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.

    7. Promotion of educational developments

      1. 25.Educational research

      2. 26.Educational conferences

      3. 27.Provision of museums by education authorities

  3. 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. Transfer from primary to secondary education

      1. 29.Transfer schemes

    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

    8. Attendance at junior colleges

      1. 45.Attendance at junior colleges

      2. 46.Provisions for securing attendance at junior colleges

      3. 47.Enforcement of attendance at junior colleges

      4. 48.Power to require attendance of unemployed young persons at junior colleges

    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.Classification and educational arrangements

      2. 60.Functions of education authority in relation to ascertainment of handicapped children

      3. 61.Examination of children

      4. 62.Ascertainment by education authority of children requiring special education

      5. 63.Review by education authority of cases of children requiring special education

      6. 64.Reference to Secretary of State of cases under ss. 62 and 63

      7. 65.Children who may benefit by local authority services after leaving school

  4. PART III Administration and Finance

    1. Central administration

      1. 66.Inspection of educational establishments

      2. 67.Local inquiries

      3. 68.Power to require submission to medical examination

      4. 69.Approval and carrying out of schemes

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

      4. 75.Examination of accounts

      5. 76.Industrial scholarships

    4. Grant-aided colleges

      1. 77.Power of Secretary of State to make regulations with respect to certain institutions providing further education

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

      2. 80.Funds for behoof 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

  5. PART IV Teachers

    1. Appointment, dismissal, retirement and employment of teachers

      1. 87.Appointment of teachers

      2. 88.Dismissal of teachers

      3. 89.Age of retirement of teachers

      4. 90.Employment of teachers

    2. Remuneration of teachers

      1. 91.Committees to consider remuneration of teachers

      2. 92.Review of remuneration by committees

      3. 93.Provision for arbitration

      4. 94.Action on recommendations of arbiters

      5. 95.Effect of orders as to remuneration

      6. 96.Remuneration of teachers where scales do not apply

      7. 97.Supplementary provisions as to orders relating to remuneration

  6. PART V Independent Schools

    1. 98.Registration of independent schools

    2. 99.Complaints

    3. 100.Determination of complaints

    4. 101.Enforcement of orders

    5. 102.Removal of disqualifications

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

  7. 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. 109.Provisions regarding interests of individuals

    7. 110.Provisions as to beneficiaries and teachers

    8. 111.Accounts and audit of educational endowments

    9. 112.Procedure in preparation of reorganisation schemes

    10. 113.Procedure in preparation of reorganisation schemes by Scottish Universities Committee of Privy Council by virtue of s. 105(5)

    11. 114.Effect of schemes

    12. 115.Schemes for small endowments

    13. 116.Amending schemes

    14. 117.Cost of publishing scheme etc.

    15. 118.Reports by governing body

    16. 119.Quorum of governing body

    17. 120.Provision for default of governing body

    18. 121.Judgment of Court of Session final

    19. 122.Interpretation of Part VI

  8. PART VII Miscellaneous Provisions

    1. Employment

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

      2. 124.Effect of attendance notices on computation of working hours

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

    2. Careers services of education authorities

      1. 126.Provision of services by education authorities

      2. 127.Records of vocational advice

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

    3. Examinations Board

      1. 129.Establishment of board to conduct examinations, etc.

    4. 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

    5. 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

  9. SCHEDULES

    1. SCHEDULE 1

      Local Inquiries

      1. 1.The Secretary of State shall appoint a person to hold...

      2. 2.The person appointed shall notify the bodies and persons appearing...

      3. 3.The person appointed may by notice in writing require any...

      4. 4.The person appointed to hold the inquiry may administer oaths...

      5. 5.The inquiry shall unless the Secretary of State otherwise directs...

      6. 6.Any person who refuses or wilfully neglects to attend in...

      7. 7.The Secretary of State may make orders as to the...

      8. 8.Any order by the Secretary of State under paragraph 7...

    2. SCHEDULE 2

      Constitution of Independent Schools Tribunals

      1. 1.For the purpose of enabling Independent Schools Tribunals to be...

      2. 2.No officer of any government department and no person employed...

      3. 3.Any person appointed to be a member of the educational...

      4. 4.Where any complaint is required to be determined by an...

      5. 5.In this Schedule " sheriff principal" means the sheriff principal...

    3. SCHEDULE 3

      Transitional and Savings Provisions

      1. General

        1. 1.Where any document refers expressly or by implication to an...

        2. 2.Any reference in any provision of this Act (whether expressed...

      2. Children Requiring Special Education

        1. 3.Any reference in any enactment or other instrument passed or...

        2. 4.Any decision, made under the Act of 1962 before the...

      3. Savings

        1. 5.The repeal by the said Act of 1969 of sections...

        2. 6.The repeal by the said Act of 1969 of section...

    4. SCHEDULE 4

      Amendment of Enactments

      1. The Children Act 1958 (c. 65)

        1. 1.In section 17 (interpretation), in the definition of "compulsory school...

      2. The Mental Health (Scotland) Act 1960 (c. 61)

        1. 2.In section 12(1)(b) (training of mental defectives), for the word...

      3. The Factories Act 1961 (c. 34)

        1. 3.In section 176(1) (interpretation), in the definition of "child" for...

      4. The Public Expenditure and Receipts Act 1968 (c. 14)

        1. 4.In Schedule 3 (variation of fees), in paragraph 1(b) for...

      5. The Social Work (Scotland) Act 1968 (c. 49)

        1. 5.In section 94(1) (interpretation), in the definition of "school age"...

      6. The Sex Discrimination Act 1975 (c. 65)

        1. 6.In section 22 (discrimination by bodies in charge of educational...

        2. 7.In section 23(2) (other discrimination by education authorities), for the...

        3. 8.In section 25 (general duty in public sector of education)—...

        4. 9.In section 79 (educational endowments to which Part VI of...

        5. 10.In section 81(3)(b) (orders), for the words " 128 of...

        6. 11.In section 82(1) (interpretation), in the definition of "education authority",...

      7. The Race Relations Act 1976 (c. 74)

        1. 12.In section 17 (discrimination by bodies in charge of educational...

        2. 13.In section 18(2) (discrimination by education authorities), for the words...

        3. 14.In section 19 (general duty in public sector of education)—...

        4. 15.In section 78(1) (interpretation), in the definitions of "education authority",...

      8. The National Health Service (Scotland) Act 1978 (c. 29)

        1. 16.In section 15(1)(f) (supply of goods and services to local...

        2. 17.In section 39(5) (medical and dental inspection, supervision and treatment...

        3. 18.In section 108(1) in the definitions of "education authority" and...

        4. 19.In paragraph 10(b) of Schedule 15 (saving of amendments), for...

    5. SCHEDULE 5

      Enactments Repealed

    6. SCHEDULE 6

      Postponement of The Commencement of Certain Provisions

      1. 1.Section 1(3) so far as relating to compulsory further education...

      2. 2.Section 10 so far as relating to junior colleges.

      3. 3.Section 11 so far as relating to junior colleges.

      4. 4.Section 23 so far as relating to junior colleges.

      5. 5.Sections 45 to 48.

      6. 6.Section 50 so far as relating to junior colleges and...

      7. 7.Section 52 so far as relating to junior colleges.

      8. 8.Section 57 so far as relating to junior colleges.

      9. 9.Section 58 so far as relating to junior colleges.

      10. 10.Section 66 so far as relating to junior colleges.

      11. 11.Section 68 so far as relating to junior colleges.

      12. 12.Section 72(2) so far as relating to junior colleges.

      13. 13.Section 86 so far as relating to junior colleges.

      14. 14.Section 87 so far as relating to junior colleges.

      15. 15.Section 124.

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