(1)Subject to [F1subsections [F2(1A)] and (2A)] below, it shall be the duty of every education authority to secure that there is made for their area adequate and efficient provision of school education and further education.
[F3(1A)The duty imposed on education authorities by subsection (1) above shall, in relation to children who are under school age, be exercisable only [F4to the extent required by section 47(1) of the Children and Young People (Scotland) Act 2014].
F5(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1C)An education authority shall have power in relation to pre-school children to secure for their area the provision of such school education, other than that which they are required by subsection (1) above to secure, as they think fit.]
F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(2A)The duty imposed on an education authority by subsection (1) above shall not include the provision of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992, but an education authority shall have power to provide such further education for their area.]
[F8(2B)An education authority must, at least once every two years—
(a)consult such persons as appear to be representative of parents of pre-school children within their area about whether and if so how they should provide school education for such children under subsection (1C) above; and
(b)after having had regard to the views expressed, prepare and publish their plans in relation to the provision of such education for such children under that subsection.
(2C)The Scottish Ministers may by order modify subsection (2B) above so as to vary the regularity within which an education authority must consult and plan in pursuance of that subsection.
(2D)An order made under subsection (2C) above is subject to the negative procedure.]
(3)Every education authority [F9shall for the purposes of their duty under subsection (1) above—
(a)]have power to secure for their area, and
(b)F10. . . be under a duty to secure for pupils in attendance at schools in their area,
the provision of adequate facilities for social, cultural and recreative activities and for physical education and training.
(4)The facilities for further education that may be provided by an education authority shall include facilities for vocational and industrial training.
F11(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F12(4B) In this section “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.]
(5)In this Act—
(a)F13“school education” means progressive education appropriate to the requirements of pupils . . ., regard being had to the age, ability and aptitude of such pupils, and includes—
[F14(i)early learning and childcare;]
[F15(ii)provision for special educational needs;]
(iii)the teaching of Gaelic in Gaelic-speaking areas;
(b)further education includes—
(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
(ii)voluntary part-time and full-time courses of instruction for persons over school age;
(iii)social, cultural and recreative activities and physical education and training, either as [F17voluntary organised activities designed to promote the educational development of persons taking part therein or as] part of a course of instruction F10. . .;
(iv)the teaching of Gaelic in Gaelic-speaking areas;
F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 1(1) substituted (1.4.1993) by Further and Higher Education Act (Scotland) Act 1992 (c. 37), s. 2(a) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch. 4
F2Word in s. 1(1) substituted (4.3.2002) by 2000 asp 6, s. 32(2); S.S.I. 2002/72, art. 2(1)(a)
F3S. 1(1A)-(1C) inserted (4.3.2002) by 2000 asp 6, s. 32(3); S.S.I. 2002/72, art. 2(1)(a)
F4Words in s. 1(1A) substituted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 2(2)(a); S.S.I. 2014/131, art. 2(2)(3), sch.
F5S. 1(1B) omitted (1.8.2014) by virtue of Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 2(2)(b); S.S.I. 2014/131, art. 2(2)(3), sch.
F6S. 1(2) repealed (4.3.2002) by 2000 asp 6, s. 32(4); S.S.I. 2002/72, art. 2(1)(a)
F7S. 1(2A) inserted (1.4.1993) by Further and Higher Education Act (Scotland) Act 1992 (c. 37), s. 2(b) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch. 4
F8S. 1(2B)-(2D) inserted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), ss. 54, 102(3); S.S.I. 2014/131, art. 2(2)(3), sch.
F9Words in s. 1(3) substituted (1.4.1983) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 3 para. 37(a)(i) and S.I. 1982/1397, Sch. 2
F10Words repealed (1.4.1983) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 4 Pt. I and S.I. 1982/1397, Sch. 2
F11S. 1(4A) omitted (1.8.2014) by virtue of Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 2(2)(b); S.S.I. 2014/131, art. 2(2)(3), sch.
F12S. 1(4A)(4B) inserted (4.3.2002) by 2000 asp 6, s. 32(5); S.S.I. 2002/72, art. 2(1)(a)
F13Words in s. 1(5)(a) repealed (13.10.2000) by 2000 asp 6, s. 60(2), Sch. 3; S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
F14S. 1(5)(a)(i) substituted (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 2(2)(c); S.S.I. 2014/131, art. 2(2)(3), sch.
F15S. 1(5)(a)(ii) substituted by Education (Scotland) Act 1981 (c. 58), s. 3(1)(a), Sch. 8
F16S. 1(5)(b)(i) repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11
F17Words inserted (1.4.1983) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 3 para. 37(b)(i) and S.I. 1982/1397, Sch.2
F18S. 1(5)(c) repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(2)(b); S.S.I. 2005/564, art. 2
F19S. 1(5)(d) repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(2)(b); S.S.I. 2005/564, art. 2
Modifications etc. (not altering text)
C1S. 1 amended (4.3.2002) by 2000 asp 6, s. 33(1)-(3); S.S.I. 2002/72, art. 2(1)(b)
C2S. 1(1) restricted (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 16 para. 9(1)(a) (with ss. 89, 90)