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Education (Scotland) Act 2016
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5In section 7 (children and young persons for whose school education an education authority is not responsible)—
(a)after subsection (3)(a) insert—
“(aa)in the case of a child who has attained the age of 12 years and who the authority is satisfied has capacity to make the request, the child,”,
(b)in subsection (8), after paragraph (a) insert—
“(aa)in the case of a child falling within subsection (3)(aa) who the authority is satisfied has capacity in relation to the information or advice, the child,”, and
(c)after subsection (8) insert—
“(9)Subsection (10) applies where an education authority receives a request as mentioned in subsection (1) relating to a child attending an independent or grant-aided school.
(10)The authority may request the managers of the school to provide the authority with such information and advice as the authority thinks appropriate for the purpose of enabling the authority to assess the capacity of the child in relation to the request.”.
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