Standards in Scotland’s Schools etc. Act 2000

General S

58 Interpretation S

(1) In this Act—

• F1 ...

• “the 1980 Act” means the Education (Scotland) Act 1980 (c.44);

• F2 ...

• F3 ...

• [F4 “ enforcement direction ” means a direction under section 10C(1) of this Act; ]

• “land” includes buildings and other structures, [F5 rights registered in the Land Register of Scotland ], [F6 title conditions, within the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9)] and any other rights in, or liabilities relating to, land;

• “moveable property” includes moveables heritable by accession;

• [F7 “ National Improvement Framework ” has the meaning given by subsection (1) of section 3C; and includes (except in that subsection) a new National Improvement Framework published under subsection (6) of that section; ]

• F3 ...

• [F8 “ preliminary notice ” means a notice under section 10B(1) of this Act; ]

• “pre-school children” means—

  (a)

  children who are under school age and have not commenced attendance at a primary school (other than a nursery class in such a school); and

  (b)

  children who have attained school age but have not commenced attendance at such a school; and

• “school [F9 improvement] plan” means [F10 an improvement] plan prepared under section 6(1)(a) of this Act for a school.

(2) Any expression used in this Act and in the 1980 Act has the same meaning in this Act as in that Act.

Textual Amendments

F1 Words in s. 58(1) repealed (2.4.2012) by The Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215), art. 2, Sch. 7

F2 Words in s. 58(1) repealed (1.8.2007) by Scottish Schools (Parental Involvement) Act 2006 (asp 8), s. 24(2), Sch.; S.S.I. 2007/31, art. 2(b), Sch. 2

F3 Words in s. 58(1) repealed (1.8.2016 for specified purposes, 1.8.2017 in so far as not already in force) by Education (Scotland) Act 2016 (asp 8), ss. 2(4)(a), 33(2); S.S.I. 2016/192, reg. 2, sch.; S.S.I. 2017/164, reg. 2, sch.

F4 Words in s. 58(1) inserted (31.1.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), Sch. 1 para. 2(a); S.S.I. 2005/10, art. 3(c)

F5 Words in s. 58(1) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 para. 40 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F6 Words in s. 58(1) substituted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 para. 12 (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)

F7 Words in s. 58(1) inserted (1.8.2016) by Education (Scotland) Act 2016 (asp 8), ss. 2(4)(b), 33(2); S.S.I. 2016/192, reg. 2, sch.

F8 Words in s. 58(1) inserted (31.1.2005) by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), s. 9(2), Sch. 1 para. 2(b); S.S.I. 2005/10, art. 3(c)

F9 Word in s. 58(1) substituted (1.8.2017) by Education (Scotland) Act 2016 (asp 8), ss. 3(7)(a), 33(2); S.S.I. 2017/164, reg. 2, sch.

F10 Words in s. 58(1) substituted (1.8.2017) by Education (Scotland) Act 2016 (asp 8), ss. 3(7)(b), 33(2); S.S.I. 2017/164, reg. 2, sch.

59 Regulations S

(1) The Scottish Ministers may, by statutory instrument, make regulations prescribing standards and requirements to which an education authority shall conform in discharging the authority’s functions under this Act.

(2) Regulations under this section may make different provision as to different cases or circumstances.

(3) A statutory instrument made in the exercise of the powers conferred by this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

60 Amendments and repeals S

(1) The enactments specified in schedule 2 to this Act shall have effect subject to the amendments and repeals specified in that schedule, being amendments and repeals which are either minor or are consequential upon the provisions of this Act.

(2) There are also repealed, to the extent specified in the second column of schedule 3 to this Act, the enactments mentioned in that schedule.

Commencement Information

I1 S. 60(2) in force for specified purposes at Royal Assent (see s. 61(2)(c));

s. 60(1) in force for specified purposes at 23.8.2000 by S.S.I. 2000/298, art. 3, Sch. (with transitional provisions in art. 4);

s. 60 in force for specified purposes at 13.10.2000 by S.S.I. 2000/361, art. 3(1), Sch. Pt. I (subject to transitional provisions in art. 4);

s. 60 in force for specified purposes at 1.11.2001 by S.S.I. 2000/361, art. 3(2), Sch. Pt. II (subject to transitional provisions in art. 4)

I2 S. 60 in force at 31.12.2004 for specified purposes by S.S.I. 2004/528, art. 2(b)

61 Short title, commencement, transitional provisions and savings S

(1) This Act may be cited as the Standards in Scotland’s Schools etc. Act 2000.

(2) There shall come into force on Royal Assent—

(a) this section;

(b) section 23 of this Act; and

(c) in so far as relating to sections 13 to 22 and 24 of, and Schedules 3 to 5 to, the Self-Governing Schools etc. (Scotland) Act 1989 (c.39), section 60(2) of, and schedule 3 to, this Act;

and the other provisions of this Act shall come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.

(3) Different days may be so appointed for different provisions and for different purposes.

(4) An order under subsection (2) above may contain such transitional provisions and savings as the Scottish Ministers think fit.

Subordinate Legislation Made

P1 S. 61(2) power partly exercised: 28.7.2000 appointed for specified provisions by S.S.I. 2000/258, art. 2

S. 61(2) power partly exercised: 23.8.2000 appointed for specified provisions by S.S.I. 2000/298, art. 3, Sch. (with transitional provisons in art. 4)

S. 61(2) power partly exercised: different dates appointed for specified provisions by S.S.I. 2000/361, art. 3, Sch. (subject to transitional provisions in art. 4)

S. 61(2) power partly exercised: 23.3.2001 appointed for specified provisions by S.S.I. 2001/102, art. 2

S. 61(2) power partly exercised: different dates appointed for specified provisions by S.S.I. 2002/72, art. 2(1)(2)