The Provision of School Education for Children under School Age (Prescribed Children) (Scotland) Order 2002

Description of children entitled to be provided with school education

2.—(1) A child is of a prescribed description for the purposes of section 1(1A) of the 1980 Act (power to prescribe a description of children under school age who are entitled to be provided with school education) if the child–

(a) has attained the starting point; and

(b) subject to paragraphs (2) and (3) below has not commenced attendance at a primary school.

(2) Where–

(i) a child’s fifth birthday falls on or between the day after the date of commencement of the school year immediately preceding the child’s fifth birthday and 31st December; and

(i) by virtue of section 32(3) of the 1980 Act, the child commences attendance at a primary school on the date of commencement of the school year next following the child’s fifth birthday,

the child shall cease to be of a prescribed description from the date of commencement of the school year immediately preceding the child’s fifth birthday.

(3) Where a child is aged 5 years and does not commence attendance at a primary school on the date of commencement of the school year next following the child’s fifth birthday, the child shall cease to be of a prescribed description on that date of commencement of the school year.