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Education (Scotland) Act 1980
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- 1980 c. 44
- Part VII
- Savings and exceptions
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Changes over time for: Cross Heading: Savings and exceptions
Version Superseded: 13/10/2000
Alternative versions:
- 01/02/1991- Amendment
- 09/08/2000
Point in time - 13/10/2000- Amendment
- 05/10/2005- Amendment
- 24/06/2013- Amendment
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Education (Scotland) Act 1980, Cross Heading: Savings and exceptions is up to date with all changes known to be in force on or before 23 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Savings and exceptionsS
130 Saving as to persons in the service of the Crown.S
No power or duty conferred or imposed by this Act on the Secretary of State, on education authorities, on parents or on young persons shall be construed as relating to any child or young person who is employed by or under the Crown in any service or capacity with respect to which the Secretary of State certifies that, by reason of the arrangements made for the education of children and young persons employed therein, the exercise and performance of those powers and duties with respect to such children and young persons is unnecessary.
131 Saving as to persons suffering from mental disorder and persons detained by order.S
(1)Unless the context otherwise requires, no power or duty conferred or imposed by this Act on the Secretary of State, on education authorities or on parents or young persons shall be construed as relating to any person to whom this section applies:
Provided that nothing in this section shall prevent an education authority from providing or securing the provision of education for any such person if he is in their opinion capable of deriving benefit therefrom.
(2)The persons to whom this section applies are—
(a)any person who is detained in pursuance of an order made by any court or of an order of recall made by the Secretary of State;
(b)any child subject to a supervision requirement requiring him to reside in a residential establishment where education is provided.
Valid from 13/10/2000
[F1131A Consent of child to medical proceduresS
(1)Nothing in this Act shall prejudice any capacity of a child enjoyed by virtue of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991 (c.50) (capacity of child with sufficient understanding to consent to surgical, medical or dental procedure or treatment); and without prejudice to that generality, where under or by virtue of this Act a child is required to submit, or to be submitted, to any medical or dental examination, inspection or treatment but the child has the capacity mentioned in the said section 2(4), the examination, inspection or treatment shall only be carried out if the child consents.
(2)In subsection (1) above, without prejudice to the generality of the expression in question, “medical examination” includes an examination under section 58 of this Act and “medical treatment” includes cleansing under that section.]
Textual Amendments
F1S. 131A inserted (13.10.2000) by 2000 asp 6, s. 57; S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
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