(1)Unless the context otherwise requires, no power or duty conferred or imposed by this Act on the Secretary of State, on education authorities or on parents or young persons shall be construed as relating to any person to whom this section applies:
Provided that nothing in this section shall prevent an education authority from providing or securing the provision of education for any such person if he is in their opinion capable of deriving benefit therefrom.
(2)The persons to whom this section applies are—
(a)any person who is detained in pursuance of an order made by any court[F1(other than an order so made under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)) ] or of an order of recall made by the Secretary of State;
(b)any child subject to a [F2compulsory supervision order] requiring him to reside in a residential establishment where education is provided.
[F3(3)In this section—
“compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1),
“residential establishment” has the meaning given by paragraph (a) of the definition of that expression in section 202(1) of that Act.]
Textual Amendments
F1Words in s. 131(2)(a) inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 277(3), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
F2Words in s. 131(2)(b) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 4(4)(a)