UK Act of Parliament 1980 c. 44 Scotland

Education (Scotland) Act 1980

Enforced by
Scottish Government
Status
In Force
Penalty ceiling
Imprisonment 1 of 73 obligations carry imprisonment (3 months). 72 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person12 Trustee1

Plus 60 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

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Any Person — also bound by 2684 other Acts
Trustee — also bound by 120 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.001 Duty of education authorities to secure provision of education. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authorities must secure school and further education and publish pre-school plansLocal authority
s.002 Assessment of secondary school pupils. Regulated
Other duties (1) — Crown / regulator
  • Education authorities must comply with secondary pupil assessment regulationsLocal authority
s.002 Learning hours Regulated
Other duties (1) — Crown / regulator
  • Councils and grant-aided schools: ensure minimum learning hoursLocal authority
s.003 Fees not to be charged in public schools, (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must provide school education free of chargeLocal authority
s.004 Duty of education authorities to provide child guidance service. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authorities must provide child guidance and psychological serviceLocal authority
s.007 Provision of educational facilities to be in accordance with schemes. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must consider all suitable schools and boarding provisionLocal authority
s.008 Religious instruction. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must not end religious observance without local pollLocal authority
s.009 Conscience clause. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public schools and grant-aided schools must not disadvantage pupils by religionLocal authority
s.010 Safeguards for religious beliefs. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must arrange worship/instruction for boarding pupils on requestLocal authority
s.011 Provision of books, materials and special clothing free of charge. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authorities must provide free books and materials to eligible pupilsLocal authority
s.014 Education for children unable to attend school etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must arrange education for pupils unable to attend schoolLocal authority
s.016 Transference of denominational schools to education authorities. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must accept transferred school and take on teachersLocal authority
s.017 Provision, maintenance and equipment of schools and other buildings. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must provide and maintain sufficient school accommodationLocal authority
s.019 Power of Secretary of State to prescribe standards for premises, etc., of educational establishments. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authorities and school boards must keep premises and equipment safeLocal authority
s.021 Management of denominational schools. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must manage denominational schools with religious safeguardsLocal authority
s.022 Consent for certain changes affecting denominational schools. Regulated
Other duties (1) — Crown / regulator
  • Education authorities must obtain consent before changing denominational schoolsLocal authority
s.022 Further provisions relating to denominational schools. Regulated
Other duties (1) — Crown / regulator
  • Education authority must obtain consent before changing denominational schoolsLocal authority
s.028 Pupils to be educated in accordance with the wishes of their parents. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State and education authorities must have regard to parents' wishesCrown / Minister / Government department
s.028 Duty to comply with parents’ requests as to schools. Regulated
Other duties (1) — Crown / regulator
  • Education authority must comply with parents' school placing requestsLocal authority
s.028 Information as to placing in schools and other matters. Regulated
Other duties (1) — Crown / regulator
  • Education authorities must publish placement info and notify parentsLocal authority
s.028 Appeal committees. Regulated
Other duties (1) — Crown / regulator
  • Education authorities must set up and maintain appeal committeesLocal authority
s.028 Appeal committees: supplementary provisions. Regulated
Other duties (1) — Crown / regulator
  • Appeal committee must decide placing-request appeals and give written reasonsTribunal / Court
s.028 Reference to appeal committee, and appeal therefrom of decision to exclude pupil. Regulated
Other duties (1) — Crown / regulator
  • Appeal committee must give written decision on school exclusion appealsTribunal / Court
s.030 Duty of parents to provide education for their children. (opens in a new tab) Regulated
  • Provide your school-age child with an efficient educationAny Person
s.032 Dates for commencement of school attendance. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must set school commencement dates and age cut-offsLocal authority
s.036 Power of education authority in relation to irregular attendance of child at a public school. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must serve notice on parent over school absencesLocal authority
s.037 Power of education authority where not satisfied that parent is providing efficient education for his child. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must serve notice on parents when not satisfied about child's educationLocal authority
s.038 Making of attendance orders. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must consider parent’s views before making an attendance order and serve a copyLocal authority
s.039 Amendment and revocation of attendance orders. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must decide requests to change or revoke attendance orderLocal authority
s.050 Education of pupils in exceptional circumstances. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authorities must make special arrangements for pupils in exceptional circumstancesLocal authority
s.051 Provision of transport and other facilities. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must arrange transport and travel facilities for pupilsLocal authority
s.053 Provision of school meals (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must provide free school lunches and meal facilitiesLocal authority
s.053 Promotion of school lunches Regulated
Other duties (1) — Crown / regulator
  • Education authority must promote school lunches and ensure free meal entitlementLocal authority
s.053 Protection of identity of pupils receiving free school lunches Regulated
Other duties (1) — Crown / regulator
  • Education authority must protect identity of free school lunch pupilsLocal authority
s.054 Provision of clothing for pupils at public schools. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must provide suitable clothing to pupils lacking adequate clothesLocal authority
s.056 Food and drink: nutritional requirements Regulated
Other duties (1) — Crown / regulator
  • Education authority must ensure school food meets nutritional standardsLocal authority
s.056 Guidance Regulated
Other duties (1) — Crown / regulator
  • Education authorities must consider Scottish Government food and drink guidanceLocal authority
s.056 Application of sections 56A to 56C to grant-aided schools Regulated
  • Ensure school food meets nutritional standardsAny Person
s.056 Food and drink: guidance about sustainable development Regulated
Other duties (1) — Crown / regulator
  • Councils and school managers must consider sustainable development guidanceLocal authority
s.058 Power to ensure cleanliness. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must arrange suitable cleansing for pupils and young peopleLocal authority
s.069 Approval and carrying out of schemes. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authorities must carry approved schemes into effectLocal authority
s.071 Advisory councils. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must consider advice from education advisory councilsCrown / Minister / Government department
s.073 Transfer or delegation of functions relating to student support. Regulated
  • Comply with Secretary of State's directions on student support functionsAny Person
s.073 Supply of information in connection with student loans. Regulated
Other duties (1) — Crown / regulator
  • Recipients of student-loan data must not disclose it except as permittedCrown / Minister / Government department
s.075 Examination of accounts. (opens in a new tab) Regulated
  • Submit prescribed accounts and vouchers for examination when receiving grantAny Person
s.075 Assisted places at grant-aided and independent schools. Regulated
  • Comply with assisted places scheme conditionsAny Person
s.075 Incidental expenses of and provision for pupils holding assisted places. Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must ensure meals and reimbursement for assisted-place pupilsCrown / Minister / Government department
s.079 Education authorities may receive and administer bequests. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authorities must administer bequests per donor's wishesLocal authority
s.080 Funds for behalf of public schools etc., to be transferred to education authorities. (opens in a new tab) Regulated
  • Trustees must pay free income of school funds to education authorityTrustee
s.081 Trust funds to be kept separate. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authorities must keep separate trust funds separateLocal authority
s.082 Reports by education authorities. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authorities must provide reports and information to the Secretary of StateLocal authority
s.083 Returns by registrars of births, deaths, and marriages to education authorities. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Registrars must return child birth and death records to education authoritiesLocal authority
s.084 Certificates of birth. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Registrar must supply certified birth copies and free request formsLocal authority
s.098 Registration of independent schools. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Registrar must keep and maintain the public register of independent schoolsStatutory regulator
s.098 Application for registration of independent school Regulated
  • Apply to Scottish Ministers for registration of an independent schoolAny Person
s.098 Registration: notification and appeals Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must notify registration decisions and ordersCrown / Minister / Government department
s.099 Complaints. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must serve notice of complaint on school proprietorsCrown / Minister / Government department
s.100 Determination of complaints. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must notify affected parties of school enforcement ordersCrown / Minister / Government department
s.101 Enforcement of orders. (opens in a new tab) Imprisonment
  • Run independent school in breach of registration/disqualification ordersAny Person
s.102 Removal of disqualifications. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must remove disqualifications no longer necessary and notifyCrown / Minister / Government department
s.104 Register of educational endowments. (opens in a new tab) Regulated
  • Provide prescribed information about your educational endowmentAny Person
s.107 Educational endowments applicable in part to non-educational purposes. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must protect non-educational charitable shares in schemesLocal authority
s.109 Provisions regarding interests of individuals. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority or Court must protect pre-1928 vested interests in endowment schemesLocal authority
s.110 Provisions as to beneficiaries and teachers. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authority must include fair selection, sex equality and teacher-protection provisions in endowment schemesLocal authority
s.111 Accounts and audit of educational endowments. (opens in a new tab) Regulated
  • Keep, audit and publish annual accounts for educational endowmentsAny Person
s.112 Procedure in preparation of reorganisation schemes. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Education authorities must consult before making endowment reorganisation schemesLocal authority
s.118 Information by governing bodies. (opens in a new tab) Regulated
  • Provide information to education authority on requestAny Person
s.120 Provision for default of governing body. (opens in a new tab) Regulated
  • Governing bodies must comply with requisitions to implement educational schemesAny Person
s.125 Welfare of children and young persons in accommodation provided for purposes of school attendance. Regulated
  • Safeguard welfare of children in residential accommodation at your schoolAny Person
129 other provisions — procedural and definitional
s.014 Education in social work establishments.
s.014 Meaning of pupil in sections 12 to 14.
s.019 Secretary of State’s power to control use of dangerous materials or apparatus in educational establishments.
s.022 Consultation on certain changes in educational matters.
s.022 Consent for certain changes in educational matters.
s.028 Reference to appeal committee of refusal of placing request.
s.028 Appeal to sheriff from appeal committee.
s.028 Application of sections 28A to 28F and Schedule A1 to young persons.
s.028 Information as to schools.
s.028 Requirement to provide information as to school education.
s.028 Information as to pupils.
s.028 Use of electronic communications
s.048 Rights and duties of Parents and functions of Education Authorities in relation to Individual Pupils
s.050 Sections 49 and 50: matter to which education authority must have regard
s.056 Regulations under section 56A: further provision
s.065 Review by education authority of decision to record and information in Record.
s.065 Future provision for recorded children.
s.065 Continuance of Record of young persons.
s.065 Regulations regarding Records.
s.065 Application of certain provisions of this Act to recorded children and young persons.
s.065 Secretary of State may prescribe standards etc. for special schools.
s.065 Attendance of certain children and young persons with special educational needs at establishments outwith United Kingdom.
s.066 Code of practice as regards inspections under section 66
s.066 Duty of Her Majesty’s Inspectors to make reference to Scottish Ministers
s.066 Preliminary notice
s.066 Enforcement direction
s.073 Regulations relating to student loans.
s.073 Transitional provisions and savings on repeal of Education (Student Loans) Act 1990.
s.073 Provision as to maximum amounts of certain allowances.
s.073 Administration of certain sums
s.087 Appointment of principal teachers.
s.087 Selection of teachers.
s.090 Head teachers: education and training standards
s.097 Effect of settlement.
s.097 Provision for arbitration.
s.097 Interpretation of sections 91 to 97B.
s.097 Remuneration of teaching staff: transitional provisions.
s.098 Refusal of application for registration: disqualifications
s.098 Removal from register where school no longer being carried on
s.098 Imposition, variation and revocation of conditions
s.103 Proprietor which is body corporate etc.
s.103 Date of registration or removal from register
s.108 Courts’ power to give effect to reorganisation scheme on petition of Lord Advocate.
s.118 Income plans under schemes.
s.131 Consent of child to medical procedures
Schedules

Schedules

4 of 67 shown
s.sch001 The Secretary of State shall appoint a person to hold... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must appoint a person to hold and report on an inquiryCrown / Minister / Government department
s.sch001 The person appointed shall notify the bodies and persons appearing... Regulated
Other duties (1) — Crown / regulator
  • Inquiry appointee must notify interested parties of time and placeCrown / Minister / Government department
s.sch001a On the expiry of the period of notice referred to... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must revoke determination after notice period expiresCrown / Minister / Government department
s.sch001a A notice of revocation of a determination given under paragraph... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must give reasons when revoking a determinationCrown / Minister / Government department
63 other schedules
s.sch001 The person appointed may by notice in writing require any...
s.sch001 The person appointed to hold the inquiry may administer oaths...
s.sch001 The inquiry shall unless the Secretary of State otherwise directs...
s.sch001 Any person who refuses or wilfully neglects to attend in...
s.sch001 The Secretary of State may make orders as to the...
s.sch001 Any order by the Secretary of State under paragraph 7...
s.sch001a The proprietors or managers of a participating school may request...
s.sch001a Subject to paragraph 4 below, the Secretary of State may...
s.sch001a (1) If the Secretary of State— (a) is not satisfied...
s.sch001a Revocation of a determination shall not affect the operation of—...
s.sch001b The committee may, from time to time—
s.sch001b Subject to any standing orders made under paragraph 1(c) above...
s.sch001b Subject to the provisions of this Act, the committee or...
s.sch001b Without prejudice to the generality of paragraph 3 above, the...
s.sch001b Expenditure incurred by the committee shall be recoverable so far...
s.sch001b In so far as such expenditure is not defrayed from...
s.sch002 Constitution of Independent Schools Tribunals
s.sch002 Constitution of Independent Schools Tribunals
s.sch002 Constitution of Independent Schools Tribunals
s.sch002 Constitution of Independent Schools Tribunals
s.sch002 Constitution of Independent Schools Tribunals
s.sch003 Where any document refers expressly or by implication to an...
s.sch003 Any reference in any provision of this Act (whether expressed...
s.sch003 Any reference in any enactment or other instrument passed or...
s.sch003 Any decision, made under the Act of 1962 before the...
s.sch003 The repeal by the said Act of 1969 of sections...
s.sch003 The repeal by the said Act of 1969 of section...
s.sch004 . . . . . . . . . ....
s.sch004 In section 81(3)(b) (orders), for the words “128 of the...
s.sch004 In section 82(1) (interpretation), in the definition of “education authority”,...
s.sch004 In section 17 (discrimination by bodies in charge of educational...
s.sch004 In section 18(2) (discrimination by education authorities), for the words...
s.sch004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch004 In section 78(1) (interpretation), in the definitions of “education authority”,...
s.sch004 In section 15(1)(f) (supply of goods and services to local...
s.sch004 In section 39(5) (medical and dental health inspection, supervision and...
s.sch004 In section 108(1) in the definitions of “education authority” and...
s.sch004 In paragraph 10(b) of Schedule 15 (saving of amendments), for...
s.sch004 . . . . . . . . . ....
s.sch004 In section 176(1) (interpretation), in the definition of “child” for...
s.sch004 In Schedule 3 (variation of fees), in paragraph 1(b) for...
s.sch004 In section 94(1) (interpretation), in the definition of “school age”...
s.sch004 In section 22 (discrimination by bodies in charge of educational...
s.sch004 In section 23(2) (other discrimination by education authorities), for the...
s.sch004 In section 25 (general duty in public sector of education)—...
s.sch004 In section 79 (educational endowments to which Part VI of...
s.sch006 . . . . . . . . . ....
s.sch006 Section 127(3) and (4).
s.schedule a1 para.1 An appeal committee set up under section 28D(1) of this...
s.schedule a1 para.2 An appeal committee shall consist of 3, 5 or 7...
s.schedule a1 para.3 The persons appointed shall comprise— (a) members of the authority...
s.schedule a1 para.4 The members of an appeal committee who are members of...
s.schedule a1 para.5 A person who is a member of any committee such...
s.schedule a1 para.6 A person shall not be a member of an appeal...
s.schedule a1 para.7 A person who is— (a) a teacher at a relevant...
s.schedule a1 para.8 For the purposes of paragraph 7 above, “ relevant school...
s.schedule a1 para.9 An appeal committee constituted in accordance with this Schedule shall...
s.schedule a2 para.1 Application of Certain Provisions of this Act to Recorded Children and Young Persons
s.schedule a2 para.2 Application of Certain Provisions of this Act to Recorded Children and Young Persons
s.schedule a2 para.3 Application of Certain Provisions of this Act to Recorded Children and Young Persons
s.schedule a2 para.4 Application of Certain Provisions of this Act to Recorded Children and Young Persons
s.schedule a2 para.5 Application of Certain Provisions of this Act to Recorded Children and Young Persons
s.schedule a2 para.6 Application of Certain Provisions of this Act to Recorded Children and Young Persons

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