Education (Scotland) Act 1980

Health and cleanliness of pupilsS

57 Medical and dental examination and inspection.S

(1)The Secretary of State may make regulations as to the conduct of medical and dental examinations and medical and dental inspections for the purposes of the performance of his duties under section 39 of the M1National Health Service (Scotland) Act 1978.

(2)For the purpose of securing the proper medical or dental inspection of the pupils and young persons for whom it is the duty of the Secretary of State under the said section 39 to provide such

[F1(a)an education authority may require the parent of any pupil in attendance at any school under their management; and

(b)a board of management of a self-governing school may require the parent of any pupil in attendance at that school,

to submit the pupil for medical or dental inspection in accordance with arrangements made by the appropriate Health Board in agreement with the authority, or as the case may be board of management; and—

(i)an education authority may require any young person in attendance at any educational establishment under their management;

(ii)a board of management of a self-governing school may require any young person in attendance at that school,

to submit himself for such medical or dental inspection.]

(3)If any person fails without reasonable excuse to comply with a requirement made by an education authority [F2or board of management] under subsection (2) above, he shall be guilty of an offence and shall be liable on conviction by a court of summary jurisdiction to a fine not exceeding [F3£10][F3level 1 on the standard scale].

(4)In this section “the appropriate Health Board”, in relation to any pupil or young person, means the Health Board in whose area is situated the school, F4 or other educational establishment at which the pupil or young person is in attendance.

58 Power to ensure cleanliness.S

(1)An education authority may, by directions in writing issued with respect to all schools, F5 and other educational establishments under their management or with respect to any of such schools, F6 or establishments named in the directions [F7, and the board of management of any self-governing school may by notice in writing issued with respect to that school], authorise a medical officer of the appropriate Health Board to cause examinations to be made of the bodies and clothing of all or any of the pupils in attendance at such schools [F8(or as the case may be at that school)] and young persons in attendance at such F5 establishments whenever in his opinion such examinations are necessary in the interests of cleanliness.

(2)Any such examination as aforesaid shall be made by such medical officer or by a person authorised in writing by him to make such examinations (in this section referred to as an “authorised person”), and, if the body or clothing of any pupil or young person is found upon such an examination to be infested with vermin or in a foul condition, the authority [F9, or in the case of a self-governing school, the board of management,] may serve upon the parent of such pupil or upon the young person a notice requiring the parent to cause the body and clothing of the pupil to be cleansed or the young person to cause himself and his clothing to be cleansed as the case may be.

(3)A notice served under subsection (2) above shall inform the person upon whom it is served that, unless within the period limited by the notice, not being more than twenty-four hours after the service thereof, the body and clothing of the pupil or young person to whom the notice relates are cleansed to the satisfaction of the medical officer or an authorised person as may be specified in the notice, the cleansing thereof will be carried out under arrangements made by the education authority [F10, or in the case of a self-governing school the board of management]; and, if at the expiration of that period the medical officer or an authorised person is not satisfied that the body and clothing of the pupil or young person have been properly cleansed, the medical officer or an authorised person may issue an order directing that the body and clothing of the pupil or young person be cleansed under such arrangements. The order shall be sufficient to authorise any officer of the authority [F11, or in the case of a self-governing school any officer appointed by the board of management,] to cause the body and clothing of the pupil or young person named in the order to be cleansed in accordance with such arrangements, and for that purpose to convey him to the premises where the cleansing is to be carried out and to detain him there until such time as the cleansing has been completed.

(4)It shall be the duty of the education authority [F12, or as the case may be the board of management] to make arrangements for securing that any cleansing under this section, whether at the request of a parent or young person or in pursuance of an order issued under this section, may be carried out in suitable premises by suitable persons and with suitable appliances.

(5)If after the cleansing of the body or clothing of any pupil or young person has been carried out under this section his body or clothing is again found to be infested with vermin or in a foul condition at any time while he is in attendance at such school, F5 or other educational establishment, and it is proved that the condition of his body or clothing is due to neglect on the part of his parent, or, in the case of a young person in attendance at [F13an] educational establishment, to his own neglect, the parent or the young person, as the case may be, shall be liable on conviction by a court of summary jurisdiction in the case of a first conviction to a fine not exceeding £1, in the case of a second conviction to a fine not exceeding £5, and in the case of a third or subsequent conviction to a fine not exceeding £10 or to a term of imprisonment not exceeding one month or to both such fine and such imprisonment.

(6)Where such a medical officer or authorised person has reason to believe that the body or clothing of any pupil or young person in attendance at such school, F5 or other educational establishment is infested with vermin or in a foul condition, but action for the examination or cleansing thereof cannot immediately be taken, he shall so advise the authority [F14, or as the case may be the board of management], who may, if they consider it necessary so to do in the interests either of the pupil or young person or of other children or young persons in attendance at the school, F6 or other educational establishment, direct that the pupil or young person be excluded from the school, F6 or other educational establishment until such action has been taken; and such a direction shall be a defence to any proceedings under this Act in respect of the failure of the pupil or young person to attend school or to comply with the requirements of an attendance notice, as the case may be, on any day on which he is excluded in pursuance of the direction, unless it is proved that the issue of the direction was necessitated by the wilful default of the parent or of the young person.

(7)No female shall be examined or cleansed under the powers conferred by this section except by a registered medical practitioner or by a woman authorised ?for that purpose by a medical officer of a Health Board.

(8)In this section “the appropriate Health Board” has the same meaning as in section 57 of this Act.