- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(introduced by section 8(1))
1(1)The 1980 Act is amended as follows.S
(2)In section 98(3)(a) (power to prescribe particulars, information as to which shall be furnished to the Registrar by the proprietors of independent schools), for the word “independent” substitute “ registered ”.
(3)In section 99(2) (service of copy notice of complaint on teacher)—
(a)for the words from “person”, where it first occurs, to “school”, where it second occurs, substitute “teacher in the school is—
(a)disqualified as mentioned in sub-paragraph (i) or (ii) of subsection (1A)(h) above;
(b)a prescribed person; or
(c)otherwise not a proper person to be a teacher in any school,”; and
(b)for the word “person”, where it third occurs, substitute “ teacher ”.
(4)In section 100(4) (disqualification from being proprietor of independent school to be disqualification from being teacher and vice versa), for the words “by an Independent Schools Tribunal or by the Secretary of State” substitute “ under this Part of this Act ”.
(5)In section 101 (enforcement of orders)—
(a)in subsection (2), for the words “any premises for purposes for which they are” substitute—
“(a)school premises which are or any part of such premises which is; or
(b)any accommodation provided at such premises which is,”; and
(b)in subsection (4), for the words from “disqualified”, where it first occurs, to “1944” substitute “ subject to or deemed to be subject to a direction given under section 142 of the Education Act 2002 (c. 32) shall be deemed to be disqualified ”.
(6)In section 102(2) (appeal against refusal to remove disqualification), for the words from “within” to the end substitute “ before the expiry of the period of 28 days beginning with the day on which the applicant is given notice under subsection (1A)(a) above, appeal to the sheriff principal against that refusal. ”.
(7)In section 133 (regulations)—
(a)in subsection (2), for the words “and (2B)” substitute “ to (2C) ”; and
(b)after subsection (2B) insert—
“(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.”.
(8)In section 135(1) (interpretation)—
(a)after the definition of “dental treatment” insert—
““disqualified from working with children” has the meaning given by section 98A(6) of this Act;”;
(b)after the definition of “enactment” insert—
““enforcement direction” means a direction under section 66D(1) of this Act;”;
(c)after the definition of “placing request” insert—
““preliminary notice” means a notice under section 66C(1) of this Act;”; and
(d)in the definition of “registered school”, for the words “the registration of which” substitute “ which is registered ”.
2In section 58(1) of the 2000 Act (interpretation)—S
(a)after the definition of “annual statement of educational improvement objectives” insert—
““enforcement direction” means a direction under section 10C(1) of this Act;”; and
(b)after the definition of “national priorities in education” insert—
““preliminary notice” means a notice under section 10B(1) of this Act;”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: