Part VIIS Miscellaneous Provisions

EmploymentS

123 Work experience in last year of compulsory schooling.S

(1)Subject to subsection (2) below, the enactments relating to the prohibition or regulation of the employment of children shall not apply to the employment of a child [F1to whom this subsection applies] where the employment is in pursuance of arrangements made or approved by the education authority F2... with a view to providing him with work experience as part of his education.

(2)Subsection (1) above shall not be taken to permit the employment of any person in any way contrary to—

(a)an enactment which in terms applies to persons of less than, or not over, a specified age expressed as a number of years; or

(b)section 1(2) of the M1Employment of Women, Young Persons and Children Act 1920 or [F3section 55(1) of the Merchant Shipping Act 1995] (prohibition of employment of children in ships).

(3)No arrangements shall be made under subsection (1) above for a child to be employed in any way which would be contrary to an enactment prohibiting or regulating the employment of young persons if he were a young person (within the meaning of that enactment) and not a child; and where a child is employed in pursuance of arrangements so made, then so much of any enactment as regulates the employment of young persons (whether by excluding them from any description of work, or prescribing the conditions under which they may be permitted to do it, or otherwise howsoever) and would apply in relation to him if he were of an age to be treated as a young person for the purposes of that enactment shall apply in relation to him, in and in respect of the employment arranged for him, in all respects as if he were of an age to be so treated.

[F4(4)subsection (1) above applies to a child undergoing compulsory education during the period between 1st May in the calendar year before the calendar year in which he attains the upper limit of school age and the end of the latter year.]

124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5S

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

For the purpose of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not for the purposes of this Act over school age shall be deemed to be a child within the meaning of that enactment.

[F6 Children and young persons in accommodation]S

125A[F7 Welfare of children and young persons in accommodation provided for purposes of school attendance.]S

Where, for the purposes of his being in attendance at a school, a child or young person is provided with residential accommodation, in a place in or outwith that school, by—

(a)an education authority F8... or the managers of a grant-aided or independent school; or

(b)by any other person in pursuance of arrangements made by any such authority F9... or managers,

the authority F9... or managers in question shall have the duty to safeguard and promote the welfare of the child or young person while he is so accommodated; and the powers of inspection exercisable by virtue of section 66(1) of this Act shall include the power to inspect the place to determine whether his welfare is adequately safeguarded and promoted there.

Careers services of education authoritiesS

F10126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F11127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F12128 Control of education authorities by Secretary of State.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examinations BoardS

F13129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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:

(2)The persons to whom this section applies are—

(a)any person who is detained in pursuance of an order made by any court[F14(other than an order so made under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)) ] or of an order of recall made by the Secretary of State;

(b)any child subject to a [F15compulsory supervision order] requiring him to reside in a residential establishment where education is provided.

[F16(3)In this section—

• “compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1),

• “residential establishment” has the meaning given by paragraph (a) of the definition of that expression in section 202(1) of that Act.]

[F17131A 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.]

GeneralS

132 Amendment of enactments.S

(1)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any reference in an enactment passed before 2nd July 1945 to a school in receipt of a parliamentary grant shall, unless the context otherwise requires, be construed as a reference to a school other than an independent school.

133 Regulations, etc.S

(1)Any power conferred by this Act on the Secretary of State to make regulations shall be exercisable by statutory instrument.

(2)[F19Subject to subsections [F20(2XA)] [F21to (2C)] below,] any statutory instrument containing regulations made by the Secretary of State under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F22(2XA)Subsection (2) does not apply to any regulations under section 2ZA(1), (4)(c) or (10), or under the definition of “learning hours” in section 2ZA(12); and such regulations are subject to the affirmative procedure.]

[F23(2YA)Subsection (2) above shall not apply to any regulations under [F24subsection (8) of section 53 that modify subsection (7) of that section as mentioned in subsection (8)(a)(iii) or (b) of that section, nor to any regulations under section 53ZA(1) or 54A(1)]; and such regulations shall be subject to the affirmative procedure.]

[F25(2ZA)Subsection (2) shall not apply to the first regulations to be made under section 56A(1); and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the Scottish Parliament.]

F26[(2A)Subsection (2) above shall not apply to the first regulations to be made under section 73(f) of this Act with respect to loans; and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(2B)Subsection (2) above shall not apply to any regulations under section 73(f) of this Act with respect to loans, other than the regulations mentioned in subsection (2A) above, where a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.]

[F27(2BA)Subsection (2) above shall not apply to any regulations under—

(a)section 2 or 74(1) that make provision such as is mentioned in section 90A, or

(b)section 98DA(1);

and such regulations shall be subject to the affirmative procedure.]

[F28(2C)Subsection (2) above shall not apply to any regulations under section 98A(6) of this Act defining “prescribed person”; and no such regulations shall be made unless—

(a)the Scottish Ministers have consulted such persons as they think fit on a draft of the statutory instrument containing the regulations; and

(b)such a draft has been laid before, and approved by resolution of, the Scottish Parliament.]

[F29(2D)Regulations under section 98A(6) of this Act defining “prescribed person” may—

(a)make different provision for different purposes,

(b)make supplementary, incidental, consequential, transitional, transitory or saving provision,

(c)modify any enactment.

(2E)In subsection (2D), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]

(3)Any direction given by the Secretary of State or an education authority under the provisions of this Act may be varied or revoked by a further direction given by the Secretary of State or that authority, as the case may be:

(4)If it appears to the Secretary of State, on an application in that behalf made to him—

(a)in relation to regulations made under section 2 or section 19(1) of this Act, by an education authority;

[F30(aa)in relation to regulations made under section 2ZA(1), by an education authority or the managers of a grant-aided school;]

(b)in relation to regulations made under section 74(1) of this Act, by any education authority or other person to whom any grant is payable under this Act;

that it is unreasonable that any provision of those regulations should apply in relation to [F31the authority, managers] or person or to such educational establishment under the management of [F31the authority, managers] or person as may be specified in the application, or should so apply without modification, he may, subject to subsection (5) below, direct that the said provision shall not apply in relation to [F31the authority, managers] or person or that educational establishment or, as the case may be, shall so apply subject to such modification as may be specified in the direction.

(5)A direction under subsection (4) above—

(a)may be given either unconditionally or subject to such conditions as may be specified in the direction;

(b)shall not be given in respect of any provision of any regulations which is described in those regulations as not being subject to the giving of a direction under this section;

(c)may be varied or revoked by a subsequent direction given by the Secretary of State either of his own accord or on the application of the education authority [F32, managers] or other person on whose application the original direction was given.

134 Notices.S

(1)Subject to the provisions of this section, any notice required or authorised by this Act to be served or given to any person may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it to him by post.

(2)For the purposes of this section and of section 7 of the M2Interpretation Act 1978 (service by post) in its application to this section, the proper address of a person on or to whom any such notice as aforesaid is to be served or given shall, in the case of an education authority, be the address of any office of that authority and, in any other case, be the last known address of the person on or to whom the notice is to be served or given.

(3)Any notice which, in accordance with the provisions of subsection (1) above, is left for a person at his proper address shall, unless the contrary is proved, be presumed to have been received by him on the day on which it was left there.

135 Interpretation.S

(1)In this Act, unless the context otherwise requires,—

• [F33 “additional support needs” and references to any child or young person having such needs shall be construed in accordance with section 1(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4);]

• “the M3Act of 1882” means the Educational Endowments (Scotland) Act 1882;

• “the M4Act of 1918” means the Education (Scotland) Act 1918;

• “the Acts of 1928 to 1935” means the Educational Endowments (Scotland) Acts 1928 to 1935;

• “the Act of 1937” means the M5Children and Young Persons (Scotland) Act 1937;

• “the M6Act of 1946” means the Education (Scotland) Act 1946;

• “the M7Act of 1962” means the Education (Scotland) Act 1962;

• “attendance order” has the meaning assigned to it by section 38 of this Act;

• “[F34barred from regulated work with children” has the meaning given by section 98A(6) of this Act;]

• F35...

• “central institution” means an educational establishment for the provision of further education recognised as a central institution by regulations made by the Secretary of State;

• “child” means a person who is not over school age;

• “clothing” includes boots and other footwear;

• F36. . .

• “dental examination” means examination by a registered dentist, so however that in conducting an examination of any such class as may be prescribed, such dentist may be assisted by other persons having such special qualifications or experience as may be prescribed;

• “dental inspection” and “dental supervision” mean, respectively, inspection and supervision by a registered dentist;

• “dental treatment” includes prevention and treatment of dental diseases by or (so far as permitted by law) under the direction of any registered dentist, and the supply of appliances on the recommendation of such dentist, but does not, in relation to any pupil other than a pupil receiving school education elsewhere than at a school under arrangements made by an education authority under section 14 of this Act, include treatment in that pupil’s home;

• [F37“early learning and childcare” has the same meaning as in Part 6 of the Children and Young People (Scotland) Act 2014;]

• F38...

• “education authority” means a [F39council constituted under section 2 of the Local Government etc. (Scotland) Act 1994], and “area” in relation to an education authority shall be construed accordingly;

• “educational establishment”—

  (i)

  means a school F40 and any F41 institution for the provision of any form of further education and the premises of such school, F40 or institution, and

  (ii)

  without prejudice to the foregoing generality, includes [F42a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992,] a central institution, F43. . . a hostel used mainly by pupils attending such schools F40 or institutions, and a residential institution conducted under a scheme under the Acts of 1928 to 1935, Part VI of the Act of 1946, Part VI of the Act of 1962 or Part VI of this Act, but

  (iii)

  does not include a university, a theological college, a hostel or other residence used exclusively by students attending a university or a theological college, or a club or other centre conducted by a voluntary society or body for the purpose of providing facilities for social, cultural or recreative activities or for physical education or training unless the society or body are in receipt of a grant from the Secretary of State or of a contribution from an education authority or have obtained the consent of the Secretary of State to the club or centre being treated in all respects as an educational establishment;

• “employment” includes employment in any labour exercised by way of trade or for purposes of gain whether the gain be to the child or to the young person or to any other person, and a person who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour; and “employ” shall be construed accordingly;

• “employer” includes a parent who employs his children;

• “enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act;

• [F44 “enforcement direction” means a direction under section 66D(1) of this Act;]

• “functions” includes powers and duties;

• “further education” includes the forms of instruction, occupation and teaching described in section 1(5)(b) of this Act;

• “grant-aided school” means a school in respect of which grants are made by the Secretary of State to the managers of the school other than [F45(a)] grants in aid of the employers’ contributions provided for in Teachers (Superannuation) Regulations, [F46and (b) sums paid under a scheme under section 75A of this Act, or by virtue of section 75B of this Act,] but does not include a public school F35[F47... or a technology academy (within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989)];

• “Health Board” means a Health Board constituted under section 2 of the M8National Health Service (Scotland) Act 1978;

• “independent school” means a school at which full-time education is provided for F48... pupils of school age (whether or not such education is also provided for pupils under or over that age), not being a public school [F49or a grant-aided school];

• “Her Majesty’s inspectors” means the inspectors of schools appointed by Her Majesty F50. . .;

• F51“managers”, in relation to an educational establishment, means the governing body, trustees, or other person or body of persons responsible for the management of the establishment but does not include an education authority;

• “medical examination” means examination by a registered medical practitioner: Provided that in conducting an examination of any such class as may be prescribed, such practitioner may be assisted by other persons having such special qualifications or experience as may be prescribed;

• “medical inspection” and “medical supervision” mean, respectively, inspection and supervision by or under the directions of a registered medical practitioner;

• “medical treatment” includes prevention and treatment of diseases by any registered medical practitioner, and the supply of appliances on the recommendation of such practitioner, but does not, in relation to any pupil other than a pupil receiving school education elsewhere than at school under arrangements made by an education authority under section 14 of this Act, include treatment in that pupil’s home;

• [F52“nursery schools” and “nursery classes” are schools and classes which provide early learning and childcare;]

• “officers” includes servants;

• “parent” includes guardian and any person who is liable to maintain or has [F53parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to, or has care of] a child or young person;

• [F54 “placing request” has the meaning assigned to it by section 28A(1) of this Act;]

• [F55 “preliminary notice” means a notice under section 66C(1) of this Act;]

• “premises” in relation to any educational establishment includes the site of such establishment, any building in which pupils attending such establishments are boarded whether managed by the managers of such establishment or by any other person by arrangement with such managers, and any playing fields used in connection with such establishment whether contiguous to or detached therefrom;

• “prescribed” means prescribed by the Secretary of State;

• “proprietor” in relation to an independent school means the managers of such school, and for the purposes of the provisions of this Act relating to applications for the registration of independent schools includes any person or body of persons proposing to be the managers;

• F56...

• F57...

• “public school” means any school under the management of an education authority;

• “pupil”, where used without qualification, means a person of any age for whom education is or is required to be provided under this Act; and a pupil shall be deemed to be attending or in attendance at a school if he is shown by the register of admission and withdrawal kept at the school in accordance with regulations made under this Act, or by any other register approved by the Secretary of State and kept for a similar purpose, to have been admitted to, but not to have been withdrawn from, or to have been readmitted to, and not thereafter to have been withdrawn from, the school; and similar expressions, whether relating to schools or to other educational establishments, shall be similarly interpreted;

• F57...

• “registered school” means an independent school [F58which is registered] in the register of independent schools F56...;

• “registered teacher” means a teacher registered under the M9[F59Public Services Reform (General Teaching Council for Scotland) Order 2011];

• F60. . .

• F61...

• “school” means an institution for the provision of primary or secondary education or both primary and secondary education being a public school, a grant-aided school F35... or an independent school, and includes a nursery school and a special school; and the expression “school” where used without qualification includes any such school or all such schools as the context may require F62;

• “school age” shall be construed in accordance with section 31 of this Act;

• F63...

• “school education” has the meaning assigned to it by section 1(5)(a) of this Act;

• F35...

• F57...

• F64[F65 “special school” [F66has the meaning given in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)]]

• [F54 “specified school” has the meaning assigned to it by section 28A(1) and (2) of this Act;]

• F61...

• “teachers’ superannuation regulations” means regulations made under section 9 of the M10Superannuation Act 1972;

• “young person” means a person over school age who has not attained the age of eighteen years.

(2)Any reference in any enactment or other instrument (including this Act and, unless the contrary intention appears, any enactment or other instrument passed or made after the commencement of this Act) to—

(a)primary education shall be construed as a reference to school education of a kind [F67(i)] which is appropriate in the ordinary case to the requirements of pupils who have not attained the age of twelve years; [F68; and (ii) which is, in the case of a pupil [F69having additional support needs], within the provision made for the purpose of meeting [F70those needs] until he is transferred to the stage of secondary education;]

(b)secondary education shall be construed as a reference to school education of a kind [F71(i)] which is appropriate in the ordinary case to the requirements of pupils who have attained that age; [F72; and (ii) which is, in the case of a pupil [F73having additional support needs], within the provision made for the purpose of meeting [F74those needs] until he ceases to be of school age or to receive school education, whichever is the later.]

and any reference in any such enactment or other instrument as aforesaid to primary or secondary schools or departments or classes shall be construed accordingly.

136 Transitional and savings provisions, amendments and repeals.S

(1)The transitional and savings provisions set out in Schedule 3 to this Act shall have effect.

X1(2)The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the consolidation under this Act.

X1(3)The enactments set out in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

137 Short title, commencement and extent.S

(1)This Act may be cited as the Education (Scotland) Act 1980.

(2)Subject to subsections (3) and (4) below, this Act shall come into force on the expiry of the period of one month beginning with the date on which it is passed.

(3)The provisions of this Act set out in Schedule 6 shall, to the extent there specified, come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(4)Subsections (5) to (7) of section 23 of this Act shall come into force on such date as the Secretary of State may by order appoint.

(5)Any order under subsection (4) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions, or of any other provision mentioned in that subsection then in force, as appear to him to be necessary or expedient for the purpose or in consequence of the operation of any such provision before the coming into force of any other such provision.

(5)This Act extends to Scotland only.