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

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Provision of School Education for Children under School Age (Prescribed Children) (Scotland) Order 2002 and shall come into force on 1st April 2002.

(2) In this Order–

• “primary school” does not include a nursery class in such a school;

• “school year” means a period of 12 months commencing on 1st August of any year;

• “starting point”, in relation to a child, means–

  (a)

  where a child’s third birthday falls on or between 1st March and 31st August, the autumn term immediately following that birthday;

  (b)

  where a child’s third birthday falls on or between 1st September and 31st December, the spring term immediately following that birthday; and

  (c)

  where a child’s third birthday falls on or between 1st January and the last day of February, the summer term immediately following that birthday;

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

(3) For the purposes of this Order the terms of a school year shall be taken to commence during the following periods–

• as respects the autumn term, the period 1st August to 31st December;

• as respects the spring term, the period 1st January to the last day of February; and

• as respects the summer term, the period 1st March to 31st July.

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.

Amount of school education to be provided for children of a prescribed description

3.—(1) The amount of school education with which a child of a prescribed description is to be provided, for the purposes of section 1(1B) of the 1980 Act, is 412.5 hours of school education during the school year where the child is of a prescribed description for all of the school year.

(2) Where a child is not of a prescribed description for all of the school year the amount of school education provided for in paragraph (1) above shall be reduced in proportion to the period of the school year during which the child is of a prescribed description.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

4th March 2002