SCHEDULES

Section 67.

SCHEDULE 1Local Inquiries

1The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.

2The person appointed shall notify the bodies and persons appearing to him to be interested of the time when and the place where the inquiry is to be held.

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

(a)to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry ; or

(b)to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the person appointed may think fit and as the person so required is able to furnish :

Provided that—

(i)no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides unless the necessary expenses are paid or tendered to him ; and

(ii)nothing in this paragraph shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

4The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person supported by a declaration of the truth thereof in such form as the person appointed may require.

5The inquiry shall unless the Secretary of State otherwise directs be held in public.

6Any person who refuses or wilfully neglects to attend in obedience to a notice issued under paragraph 3 above, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required to produce by any such notice, or who refuses or wilfully neglects to comply with any requirement of the person appointed to hold the inquiry under paragraph 3 above, shall be liable on summary conviction to a fine not exceeding £20 or to imprisonment for a period not exceeding three months.

7The Secretary of State may make orders as to the expenses incurred by the parties appearing at the inquiry and as to the parties by whom such expenses shall be paid.

8Any order by the Secretary of State under paragraph 7 above requiring any party to pay expenses may be enforced in like manner as a recorded decree arbitral.

Section 100(1).

SCHEDULE 2Constitution of Independent Schools Tribunals

1For the purpose of enabling Independent Schools Tribunals to be constituted as occasion may require, there shall be appointed by the Secretary of State a panel (hereinafter referred to as the " educational panel") of persons to act when required as members of any such tribunal.

2No officer of any government department and no person employed by an education authority in any capacity other than that of a teacher shall be qualified to be appointed to the educational panel, and no person shall be so qualified unless he has had such experience in teaching or in the conduct, management or administration of schools as the Secretary of State considers suitable.

3Any person appointed to be a member of the educational panel shall hold office for such period and subject to such conditions as may be determined by the Secretary of State.

4Where any complaint is required to be determined by an Independent Schools Tribunal, the tribunal shall consist of the sheriff principal (or, if he is unable to act, a person qualified for appointment as sheriff principal nominated by the Lord President of the Court of Session), who shall be chairman, and two other members appointed from the educational panel by the Secretary of State, of whom at least one shall be a woman in the case of a complaint concerning a school for girls or a complaint concerning the proprietor of a school, or a teacher therein, who is a woman.

5In this Schedule " sheriff principal" means the sheriff principal of the sheriffdom in which the school to which the complaint relates is situated or, in the case of an appeal against a refusal to remove a disqualification, the sheriff principal of the sheriffdom where the appellant resides.

Section 136(1).

SCHEDULE 3Transitional and Savings Provisions

General

1Where any document refers expressly or by implication to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

2Any reference in any provision of this Act (whether expressed or implied) to a thing done or falling to be done under a provision of this Act shall, in so far as the context permits, be construed as including, in relation to times, circumstances and purposes in relation to which a corresponding provision of an enactment repealed by this Act had effect, a reference to a thing done or falling to be done under that corresponding provision.

Children Requiring Special Education

3Any reference in any enactment or other instrument passed or made before the commencement of the Education (Scotland) Act 1969 to special educational treatment shall be construed as a reference to special education.

4Any decision, made under the Act of 1962 before the commencement of the said Act of 1969 by an education authority to the effect that a child requires special educational treatment, which is in force at such commencement, shall continue in force and be deemed to be a decision under section 62 of this Act (duly notified to the parents of a child under paragraph (i) of subsection (1) of that section) to the effect that the child requires special education:

Provided that section 64 of this Act shall not (except in so far as it relates to a determination under section 63 of this Act) apply in relation to a decision deemed by virtue of this paragraph to be a decision under section 62 of this Act.

Savings

5The repeal by the said Act of 1969 of sections 84 and 87 of the Act of 1962 shall not affect the payment after the commencement of this Act of any pension, gratuity or retiring allowance which was payable by virtue of paragraph 11 of Schedule 4 to the said Act of 1969 immediately before the commencement of this Act.

6The repeal by the said Act of 1969 of section 94 of the Act of 1962 shall not affect the application of that section to any part of the annual revenue of any scheme, being a part to which that section applied immediately before the commencement of the said Act of 1969.

Section 136(2).

SCHEDULE 4Amendment of Enactments

The Children Act 1958 (c. 65)

1In section 17 (interpretation), in the definition of "compulsory school age " for the word " 1962 " there shall be substituted the word " 1980 ".

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

2In section 12(1)(b) (training of mental defectives), for the word " 1962 " there shall be substituted the word " 1980 ".

The Factories Act 1961 (c. 34)

3In section 176(1) (interpretation), in the definition of "child" for the word " 1962 " there shall be substituted the word " 1980 ".

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

4In Schedule 3 (variation of fees), in paragraph 1(b) for the words "1962 (c. 47) section 99(1)" there shall be substituted the words " 1980 (c. 44) section 84(1) ".

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

5In section 94(1) (interpretation), in the definition of "school age" for the words "32 of the Education (Scotland) Act 1962" there shall be substituted the words " 31 of the Education (Scotland) Act 1980 ".

The Sex Discrimination Act 1975 (c. 65)

6In section 22 (discrimination by bodies in charge of educational establishments), in paragraph 7 of the Table for the words "75(c) or (d) of the Education (Scotland) Act 1962" there shall be substituted the words " 73(c) or (d) of the Education (Scotland) Act 1980 ".

7In section 23(2) (other discrimination by education authorities), for the words " Acts 1939 to 1980 " there shall be substituted the words " Act 1980 '.

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

(a)in subsection (3) for the words " 71 of the Education (Scotland) Act 1962" and " said section 71 " there shall be substituted respectively the words " 70 of the Education (Scotland) Act 1980 " and " said section 70 " ;

(b)in subsection (5) for the words " 68 of the Education (Scotland) Act 1962 " there shall be substituted the words " 67 of the Education (Scotland) Act 1980. ".

9In section 79 (educational endowments to which Part VI of the Education (Scotland) Act 1962 applies)—

(a)for any reference to Part VI of the Act of 1962 there shall be substituted a reference to Part VI of this Act;

(b)in subsections (1)(b) and (4) for the references to sections 121(1) and 68 of the Act of 1962 there shall be substituted respectively references to sections 108(1) and 67 of this Act.

10In section 81(3)(b) (orders), for the words " 128 of the Education (Scotland) Act 1962" there shall be substituted the words " 115 of the Education (Scotland) Act 1980 ".

11In section 82(1) (interpretation), in the definition of "education authority", "educational establishment", "further education ", " independent school ", " managers ", " proprietor ", " school " and " school education " for the respective references to subsections (16), (17), (21), (23), (26), (37), (42) and (43A) of section 145 of the Education (Scotland) Act 1962 there shall be substituted references to section 135(1) of the Education (Scotland) Act 1980.

The Race Relations Act 1976 (c. 74)

12In section 17 (discrimination by bodies in charge of educational establishments), in paragraph 7 of the Table for the words " 75(c) or (d) of the Education (Scotland) Act 1962 " there shall be substituted the words " 73(c) or (d) of the Education (Scotland) Act 1980. ".

13In section 18(2) (discrimination by education authorities), for the words " Acts 1939 to 1980 " there shall be substituted the words " Act 1980 ".

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

(a)in subsection (3) for the words "71 of the Education (Scot\land) Act 1962" and " said section 71 " there shall be substituted respectively the words " 70 of the Education (Scotland) Act 1980 " and " said section 70 ";

(b)in subsection (5) for the words " 68 of the Education (Scotland) Act 1962 " there shall be substituted the words " 67 of the Education (Scotland) Act 1980 ".

15In section 78(1) (interpretation), in the definitions of "education authority", educational establishment", further education", ''independent school", "managers", "proprietor", "school" and " school education " for the respective references to subsections (16), (17), (21), (23), (26), (37), (42) and (43A) of section 145 of the Education (Scotland) Act 1962 there shall be substituted references to section 135(1) of the Education (Scotland) Act 1980.

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

16In section 15(1)(f) (supply of goods and services to local authorities etc.), for the words " 5 of the Education (Scotland) Act 1962 " there shall be substituted the words " 1(5)(c) of the Education (Scotland) Act 1980'.

17In section 39(5) (medical and dental inspection, supervision and treatment of pupils and young persons), for " 1962 " there shall be substituted " 1980'.

18In section 108(1) in the definitions of "education authority" and " full-time education in a school" for " 1962 " there shall be substituted 1980 ".

19In paragraph 10(b) of Schedule 15 (saving of amendments), for " 154 " there shall be substituted " 155 ".

Section 136(3).

SCHEDULE 5Enactments Repealed

Section 137(3).

SCHEDULE 6Postponement of The Commencement of Certain Provisions

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

2Section 10 so far as relating to junior colleges.

3Section 11 so far as relating to junior colleges.

4Section 23 so far as relating to junior colleges.

5Sections 45 to 48.

6Section 50 so far as relating to junior colleges and subsection (1)(c)

7Section 52 so far as relating to junior colleges.

8Section 57 so far as relating to junior colleges.

9Section 58 so far as relating to junior colleges.

10Section 66 so far as relating to junior colleges.

11Section 68 so far as relating to junior colleges.

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

13Section 86 so far as relating to junior colleges.

14Section 87 so far as relating to junior colleges.

15Section 124.