Statutory Instrument 1993 No. 1604 (S.201)

The Education (School and Placing Information) (Scotland) Amendment, Etc., Regulations 1993

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1993 No. 1604 (S.201)

EDUCATION, SCOTLAND

The Education (School and Placing Information) (Scotland) Amendment, Etc., Regulations 1993

The Secretary of State, in exercise of the powers conferred on him by sections 2, 28B(1)(a)(ii) and (3) and 135(1) of the Education (Scotland) Act 1980^[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Education (School and Placing Information) (Scotland) Amendment, Etc., Regulations 1993, and shall come into force for the purposes of regulations 4 and 7 on 2nd August 1993 and for all other purposes on 15th December 1993.

    (2)  In these regulations, "the principal Regulations" means the Education (School and Placing Information) (Scotland) Regulations 1982^[2].

    (3)  Except where the context otherwise requires, a regulation, schedule, paragraph or sub-paragraph referred to in these Regulations by number means the regulation, schedule, paragraph or sub-paragraph so numbered in the principal Regulations.

Amendment of the principal Regulations
    2.    In regulation 9(3) (duty to supply or make school information available to certain parents at certain places), after the words "by a parent", there shall be inserted the words "or a pupil over school age in attendance at the school".

    3.    For regulation 10 (form in which school information to be made available), there shall be substituted the following regulation:-

"Form in which school information to be published or otherwise made available
    10.—(1)  School information required to be supplied or made available in accordance with regulation 9 shall be so supplied or made available in writing in the form of a document to be known as the school handbook, and may be so supplied or made available along with such other information as the authority may think fit.

    (2)  School information of the kinds specified in paragraph 2(kk), (q)(iii), (r), (s), (t), (u) and (v) of Part II of Schedule 1 shall be set out in the school handbook in such form as the Secretary of State may determine." .

    4.    In regulation 13 (supplementary provisions)-
 (a) in paragraph (2), for the words "and in particular but without prejudice to that generality", there shall be substituted the words ", without prejudice to this generality reviewing and revising a document in so far as it contains school information by 8th December in each calendar year, but without prejudice to the foregoing"; and
 (b) after paragraph (2), there shall be inserted the following paragraph:-
"  (2A)  By 8th December in each calendar year each education authority shall notify a parent of each pupil in attendance at each school that a school handbook containing revised school information in relation to the school which such pupil attends will be available from and including 15th December in that year, and that a copy will be available, or may be inspected or referred to at the school during working hours on any working day at the school, and that free of charge, on request to the school." .

    5.    For regulation 15 (supplementary provisions), there shall be substituted the following regulation:-
    "15.—(1)  Where an education authority are required by these Regulations to notify a parent of a pupil of the availability of a school handbook containing revised school information, or to supply or make available information in writing to a parent, and a child of such parent is in attendance at a school other than a special school, they shall be deemed to have complied with that requirement if they secure that such notification or information in writing is handed to that child for delivery to his parent, or, in the case of a parent of a number of children in attendance at the same school, to one such child for delivery to such parent.

    (2)  Nothing in regulation 6, 9(2) or 13(2A) shall require an education authority to supply the same basic information or school information to the same person on more than one occasion in any school year.

    (3)  Where a percentage which falls to be calculated by virtue of these Regulations is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number." .

    6.    Paragraph 2 in Part II (school information) of Schedule 1 shall have effect subject to the amendments contained in the Schedule hereto.

Consequential amendment to the Schools General (Scotland) Regulations 1975
    7.    Paragraph 5 (attendance register) of Schedule 1 to the Schools General (Scotland) Regulations 1975^[3] shall be amended as follows:-
 (a) in sub-paragraph (1), there shall be inserted before the end-
", and, except in the case of pupils in stage S6, whether such absence is authorised or unauthorised" ; and

 (b) for sub-paragraph (2), there shall be substituted the following sub-paragraph:-
"  (2)  For the purposes of sub-paragraph (1), a pupil's absence shall be recorded as authorised where the education authority consider that he is absent with reasonable excuse within the meaning of section 42 of the Education (Scotland) Act 1980^[4], or is in receipt of a current exemption from school attendance under section 34 of that Act, but otherwise such absence shall be recorded as unauthorised." .

Exception for information based on small numbers
    8.    Nothing in any provision of the principal Regulations so far as amended or substituted by these Regulations, shall require any person to publish, or otherwise make publicly available, any figure, or percentage, relating to pupils in attendance at a school which falls to be calculated by reference to one or more but less than five such pupils.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

23rd June 1993

[1] 1980 c. 44; section 2 was amended by section 69(1) of the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39); section 28B was inserted by section 1(1) of the Education (Scotland) Act 1981 (c. 58); and section 135(1) contains the definition of "prescribed" relevant to the exercise of the statutory powers under which these Regulations are made. back

[2] S.I. 1982/950, amended by S.I. 1990/181. back

[3] S.I. 1975/1135, to which there are amendments not relevant to these Regulations. back

[4] Section 42 was amended by section 2(1) of the Education (Scotland) Act 1981. back

Explanatory Note