Education (Scotland) Act 1980

Part IIIS Administration and Finance

Central administrationS

66 Inspection of educational establishments.S

(1)The Secretary of State shall have power to cause inspection to be made of every [F1school] at such intervals as appear to him to be appropriate, and to cause a special inspection of any [F2school] to be made whenever he considers such an inspection to be desirable, and he may from time to time cause inspection to be made of any other educational establishment [F3(other than a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992)], and such inspections shall be made by Her Majesty’s Inspectors or other persons appointed by the Secretary of State for the purpose.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(3)If any person obstructs any person authorised to make an inspection in pursuance of this section in the execution of his duty, he shall be liable on summary conviction to a fine not exceeding [F5level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

67 Local inquiries.S

The Secretary of State may cause a local inquiry to be held for the purpose of the exercise of any of his functions under this Act [F7or any other enactment relating to education], and the provisions of Schedule 1 to this Act shall have effect with regard to any such inquiry.

68 Power to require submission to medical examination.S

Where any question is to be decided by the Secretary of State under this Act or under any rule, regulation or order made thereunder, then, if in the opinion of the Secretary of State the medical examination of any pupil [F8or other person enrolled at an educational establishment] would assist the determination of the question, the Secretary of State may by notice in writing served on the parent of that pupil, if the pupil is enrolled at a school, or on the pupil [F8or other person] himself if he is enrolled at [F9another] educational establishment, require the parent to submit him, or require the pupil [F8or other person]to submit himself, as the case may be, for such examination; and if any person on whom such a notice is served fails without reasonable excuse to comply with the requirements thereof, he shall be liable on summary conviction to a fine not exceeding [F10level 1 on the standard scale].

69 Approval and carrying out of schemes.S

(1)The Secretary of State may, after considering any representations made to him on the subject and the report of any local inquiry which may have been held under section 67 of this Act, approve, either as submitted or with such modifications and amendments as he thinks proper, any scheme or revised scheme or modification of an existing scheme (in this section referred to as “the scheme”) submitted to him under this Act by an education authority; and thereupon it shall be the duty of the education authority to carry the scheme into effect as so approved.

(2)If an education authority inform the Secretary of State that they are aggrieved by his approval with modifications or amendments of the scheme, the Secretary of State shall cause the scheme as so approved to be laid before Parliament as soon as may be thereafter together with the report of any local inquiry which may have been held under section 67 of this Act. If either House of Parliament within the period of forty days beginning with the day on which the scheme is laid before it resolves that the approval of the scheme be annulled, the scheme as so approved shall cease to have effect, but without prejudice to anything previously done thereunder or to the submission and approval with or without modifications and amendments of any new scheme, revised scheme or modification of an existing scheme.

(3)In reckoning any such period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

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

If the Secretary of State is satisfied, either on complaint by any person interested or otherwise, that an education authority, [F11a School Board,] the managers of a school or educational establishment, or other persons have failed to discharge any duty imposed on them by or for the purposes of this Act or of any other enactment relating to education, the Secretary of State may make an order declaring them to be in default in respect of that duty and requiring them before a date stated in the order to discharge that duty. If by the said date the education authority, [F11a School Board,] managers or other persons have not discharged the duty, one or other of the following steps may be taken to secure the discharge thereof—

(a)the Secretary of State may make such arrangements as he thinks fit for the discharge of the duty, and all expenses incurred by the Secretary of State in so doing shall be recoverable as a debt due by the authority, managers or other persons to the Secretary of State; or

(b)the Court of Session may, on the application of the Lord Advocate, order specific performance of the duty.

Advisory councilsS

71 Advisory councils.S

(1)It shall be lawful for Her Majesty by Order in Council to establish an advisory council consisting, as to not less than two-thirds of the members, of persons qualified to represent the views of various bodies interested in education, for the purpose of advising the Secretary of State on educational matters, and the Secretary of State shall take into consideration any advice or representation submitted to him by the advisory council.

(2)Provisions may be made in the said order for the appointment by the advisory council of special committees to deal with remits on particular subjects made to the council by the Secretary of State, for such special committees to be composed of persons nominated by the Secretary of State of whom some shall be members of the council and the remainder shall be persons having special knowledge or experience of the subjects of the respective remits, and for the reports of special committees to be submitted to the Secretary of State by the advisory council, who shall be entitled in submitting the reports to make such comments thereon as they think fit.

(3)The Secretary of State may, after consultation with education authorities and other persons interested, by order establish a regional advisory council for any branch of education, to advise the education authorities and other managers of schools, F12 and other educational establishments in the region as to the development of the branch of education for which the council is appointed.

FinanceS

72 Expenses of Secretary of State.S

(1)The expenses incurred by the Secretary of State in the exercise of his functions under this Act shall, in so far as they are not met under section 1(2) of the M1Reorganisation of Offices (Scotland) Act 1939, be defrayed out of money provided by Parliament.

(2)Any sum by which any grants under this Act are increased by reason of the powers and duties conferred and imposed by the provisions of section 48 of this Act on education authorities shall be defrayed out of money provided by Parliament.

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

The Secretary of State may out of money provided by Parliament apply, in accordance with regulations made by him, such sums as he thinks necessary or expedient for any or all of the following purposes:—

(a)the payment of grants to education authorities;

(b)the payment of grants to universities;

(c)the payment of grants to the managers of educational establishments;

(d)the payment of grants to any other persons

[F13(i)[F14for] providing education or educational services;][F15or

(ii)in respect of expenditure incurred or to be incurred by them for the purposes of, or in connection with the provision (or proposed provision) of, education or educational services.]

(e)the payment of grants to persons to assist the carrying out of educational research;

(f)the payment of allowances to or in respect of persons attending courses of education;

(g)providing for any other educational expenditure approved by him.

74 Payment of grants to be subject to conditions.S

(1)The Secretary of State may by regulations make provision that any payment which he is required or authorised to make by or under this Act, except section 76 of this Act, shall be subject to such conditions as may be prescribed in [F21or determined by him under] the regulations, and that education authorities and other persons to whom such payments have been made shall comply with such requirements as may be specified in [F22or determined by him under] the regulations.

(2)Where the Secretary of State is satisfied that the persons to whom any grant is payable under this Act are, by reason of the provisions of any trust deed or other instrument, unable to fulfil any condition or comply with any requirement imposed under this section, he may, after consultation with them, by order make such modifications of the said provisions as may be necessary for the purpose of enabling the said persons to fulfil that condition or comply with that requirement; and any such trust deed or other instrument shall, during such period as may be specified in the order, have effect subject to any modifications so made.

75 Examination of accounts.S

Save as may be otherwise prescribed, it shall be a condition of the payment by the Secretary of State of a grant to the managers of a school or other educational establishment not under the management of an education authority or to other persons providing educational services approved by the Secretary of State that the accounts of the income and expenditure of such managers or persons in respect of such school, educational establishment or service shall be set out according to a form prescribed by the Secretary of State and shall together with the relative vouchers and other documents be submitted for examination to the Secretary of State.

[F2375A Assisted places at grant-aided and independent schools.S

(1)For the purpose of enabling pupils who might otherwise not be able to do so to attend and receive education at grant-aided and independent schools, the Secretary of State shall establish and operate a scheme whereby—

(a)participating schools remit fees that would otherwise be chargeable in respect of pupils admitted to assisted places under the scheme; and

(b)the Secretary of State reimburses the schools for the fees that are remitted.

(2)In this section references to a participating school are references to any grant-aided or independent school providing secondary education which the Secretary of State determines to be a participating school for the purposes of the scheme; and in deciding whether to make such a determination in respect of any school the Secretary of State shall have regard to the desirability of securing an equitable distribution of assisted places throughout Scotland and between boys and girls.

(3)A determination under subsection (2) above—

(a)shall state the maximum annual amount allocated by the Secretary of State to the school under the scheme including the maximum annual amount so allocated for the purposes of section 75B of this Act; and

(b)may contain such conditions as the Secretary of State thinks fit in addition to those prescribed under subsection (9) below.

(4)The Secretary of State may alter the maximum annual amount referred to in subsection (3)(a) above by written notification to the school to which it is allocated.

(5)A participating school shall comply with any conditions contained in a determination under subsection (2) above and with any condition or obligation prescribed under subsection (9) below.

(6)Schedule 1A to this Act shall have effect with respect to the revocation of determinations.

(7)The fees in relation to which the scheme is to have effect shall be—

(a)tuition and other fees the payment of which is a condition of attendance at a participating school but excluding—

(i)boarding fees; and

(ii)such other charges, if any, as may be prescribed by regulations; and

(b)entrance fees for public examinations paid by a participating school in respect of candidates from the school.

(8)If the Secretary of State is of the opinion that any fee which falls to be remitted in whole or in part under a scheme established and operated under this section is excessive, he may substitute for such fee such other amount as he considers appropriate.

(9)The Secretary of State shall by regulations prescribe—

(a)the requirements as to age, residence or other matters which are to be the conditions of eligibility for an assisted place;

(b)the information which participating schools, on a written request from the parent of a pupil who is eligible for an assisted place, shall supply to that parent;

(c)the conditions subject to which, the extent to which, and the arrangements in accordance with which, fees are to be remitted by participating schools;

(d)the time and manner in which participating schools are to claim and receive reimbursements from the Secretary of State;

(e)conditions to be complied with by participating schools with respect to the admission of pupils to assisted places, the fees to be charged, the keeping and auditing of accounts and the furnishing of information to the Secretary of State; and

(f)such other matters as appear to him to be requisite for the purposes of the scheme.

(10)Regulations under subsection (9) above may authorise the Secretary of State to make provision for any purpose specified in the regulations.

(11)Before making regulations under subsection (9) above the Secretary of State shall consult such bodies as appear to him to be appropriate and to be representative of participating schools.

(12)Regulations made under subsection (9)(c) above shall be reviewed by the Secretary of State in consultation with such bodies as appear to him to be appropriate and to be representative of participating schools—

(a)not later than two years after the date on which the first such regulations are made; and

(b)thereafter at intervals not exceeding two years.

(13)Except where the context otherwise requires, references in this section and section 75B of this Act to a school include references to the proprietors and managers of the school; and references in this section to an independent school are references to an independent school which is—

(a)a registered school; and

(b)conducted only for charitable purposes within the meaning of section 122(1) of this Act.]

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

(1)The Secretary of State may by regulations require or enable or make provision for requiring or enabling any school participating in the scheme referred to in section 75A of this Act to make grants in respect of such expenses, including such travelling expenses, and to remit such charges, as may be specified in the regulations and to make such provision of meals or other refreshment or of facilities for the consumption of meals or other refreshment and such provision of clothing as the school making the provision considers appropriate, being expenses, charges or provision in respect of matters incidental to or arising out of the attendance at the school of pupils holding assisted places under the scheme.

(2)Regulations made under this section may require or enable or make provision for requiring or enabling any school providing meals or other refreshment under subsection (1) above to make such charges as it thinks fit for any such meal or other refreshment except where it is provided by virtue of subsection (4) below.

(3)Regulations under this section shall provide that, within the maximum amount stated under section 75A(3) of this Act, any amounts granted or remitted by a school and expenditure incurred by them by or under the regulations shall be reimbursed to the school by the Secretary of State.

(4)The Secretary of State shall exercise his power to make regulations under this section so as to ensure that, in relation to any pupil whose parents are in receipt of supplementary benefit or family income supplement, such provision is made for that pupil in the middle of the day as appears to the school to be requisite.

(5)Regulations under this section may in particular prescribe—

(a)the conditions subject to which, the extent to which, and the arrangements in accordance with which, grants and remissions are to be made and meals, other refreshment, facilities for the consumption thereof and clothing are to be provided;

(b)whether a charge is to be remitted in whole or in such part as may be prescribed in the regulations;

(c)the time and manner in which schools are to claim and receive reimbursement from the Secretary of State.

(6)Regulations under this section may authorise the Secretary of State to make provision for any purpose specified in the regulations.

76 Industrial scholarships.S

(1)The Secretary of State may award industrial scholarships or make payments to any other person in respect of the award of such scholarships by that person.

(2)In this section “industrial scholarships” means scholarships (however described) tenable by persons undertaking full-time courses of higher education provided by a university, college or other institution in the United Kingdom, being courses which appears to the Secretary of State or, as the case may be, the person awarding the scholarships to be relevant to a career in industry.

(3)In subsection (2) above the reference to a full-time course includes a reference to a course consisting of alternate periods of—

(a)full-time study in the university, college or institution in question; and

(b)associated industrial, professional or commercial experience;

and the reference in that subsection to a course provided by a university, college or institution in the United Kingdom includes a reference to a course provided by such a university, college or institution in conjunction with a university, college or other institution in another country.

Grant-aided collegesS

F2477. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Appointment of director of educationS

78 Appointment of director of education.S

The education authority shall employ a director of education, who shall be the chief education officer of the authority and shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

Local administrationS

79 Education authorities may receive and administer bequests.S

Every education authority shall be at liberty to accept any bequest or gift of property or funds for behoof of any school or other educational establishment under their management, whether generally or for the promotion of any particular branch or branches of education or instruction, or for increasing the income of any teacher, and it shall be the duty of the authority to administer such property, funds or money according to the wishes and intentions of the donors, and in such manner as to raise the standard of education and otherwise increase the educational efficiency of the school or other educational establishment intended to be benefitted.

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

(1)Where property or money has been or shall be vested in any persons as trustees for behoof of a public school or other educational establishment under the management of an education authority, or for the promotion of any branch of education in such school or educational establishment, or to increase the income of any teacher therein, the free income of such property or money shall be accounted for and paid to the education authority, and shall be applied and administered by the education authority according to the trusts attaching thereto.

(2)It shall be lawful for the education authority, with the approval of the Secretary of State, to vary or depart from the said trusts, with a view to increasing the efficiency of the school or educational establishment by raising the standard of education therein or by other means.

81 Trust funds to be kept separate.S

The amount of every property or fund held by an education authority on a separate trust shall be kept separate.

82 Reports by education authorities.S

Every education authority shall make such reports and returns and give such information to the Secretary of State as he may from time to time require.

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

Every registrar of births, deaths, and marriages shall make to an education authority on a form to be provided by the authority such returns of particulars with regard to the births and deaths of children registered by him as may be required by the authority with the approval of the Registrar-General of Births, Deaths and Marriages in Scotland.

84 Certificates of birth.S

(1)Where the age of any person is required to be ascertained or proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar of births, deaths and marriages having the custody of the register of births containing the entry relating to the birth of that person shall, upon being presented by any person with a written requisition in such form and containing such particulars as may be prescribed and upon payment of a fee of [F25£7.00], supply that person with a copy of the entry certified under his hand.

(2)Every registrar shall, upon being requested so to do, supply free of charge a form of requisition for the purposes of this section.

85 Presumption of age.S

Where in any proceedings under this Act the prosecutor alleges that any person whose age is material to the proceedings is under, of, or over, any age, then, unless the contrary is proved, the court may presume that person to be under, of, or over, the age alleged.

86 Admissibility of documents.S

In any legal proceedings any document purporting to be—

(a)a document issued by an education authority, and to be signed by the proper officer of that authority or by the director of education of that authority;

(b)an extract from the minutes of the proceedings of an education authority or of any committee or sub-committee thereof, and to be signed by the chairman of the authority or of the committee or sub-committee or by the officer having the custody of the minutes;

(c)a certificate giving particulars of the attendance of a pupil at a school F26, and to be signed by the head teacher of the school F26;

(d)a certificate issued by a medical officer of a Health Board, and to be signed by such officer;

(e)a certificate issued by an education authority that an attendance order has been made by the authority and a copy thereof served upon the parent of the child to whom the order relates, and to be signed by the proper officer of the authority or by the director of education; or

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

shall be received in evidence and shall, unless the contrary is proved, be deemed to be the document which it purports to be, and to have been signed by the person by whom it purports to have been signed, without proof of his identity, signature or official capacity, and any such extract or certificate as is mentioned in paragraph (b) (c) (d) [F28or (e)] above shall, in the absence of evidence to the contrary, be sufficient evidence of the matters therein stated.