Public Services Reform (Scotland) Act 2010

17 For the purposes of paragraph 13, a person does not provide day care of children where—

(a) the children are of school age;

(b) the service is provided—

(i) wholly or mainly in a public, independent or grant-aided school; and

(ii) as part of the school’s activities; and

(c) the person is—

(i) the education authority managing the school;

(ii) the person carrying on the school; or

(iii) a person employed to work at the school and authorised to provide the service as part of the school’s activities.