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Education (Scotland) Act 1980

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This is the original version (as it was originally enacted).

65Children who may benefit by local authority services after leaving school

(1)Where an education authority decide that a child to whom this section applies is suffering from mental deficiency to such an extent that he may, on leaving school, benefit from services which it is the function of a local authority to provide or secure the provision of, it shall be the duty of the education authority to issue, not earlier than six months, or later than one month, before the child ceases to be of school age—

(a)to the parent of the child, a report of their decision,

and

(b)to the local authority, a report of their decision together with a copy of any document which was taken into account in making the decision.

(2)For the purpose of obtaining advice as to the carrying out of the duty imposed on them by subsection (1) above in relation to any child, an education authority may—

(a)invite the parent of the child to submit the child for a medical examination and (if the education authority think it expedient) a psychological examination, and

(b)if the parent fails to submit the child for any examination on being invited to do so under paragraph (a) above, by notice in writing served upon the parent require him to submit the child for such an examination.

(3)Subsections (2) to (4) of section 61 of this Act (examination of children) shall apply for the purposes of this section as they apply for the purposes of that section, with the substitution, for the references to subsection (1) of that section, of references to subsection (2) of this section, and subject to any other necessary modifications.

(4)This section applies to—

(a)any child in attendance at a school under the management of the education authority concerned;

(b)any child in attendance at a school (other than such a school as is mentioned in paragraph (a) above) in the area of the education authority concerned;

(c)any child who is receiving education at a school by virtue of arrangements made by the education authority concerned with the managers of that school.

(5)In this section " local authority " has the same meaning as in the Social Work (Scotland) Act 1968.

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