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Education (Scotland) Act 1981

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  1. Introductory Text

  2. Placing in schools

    1. 1. Duty of education authority to comply with parents’ requests as to schools.

    2. 2. Provisions supplementary to section 1.

  3. Special educational needs

    1. 3. Special educational needs.

    2. 4. Children and young persons with certain special educational needs.

  4. Assisted places scheme

    1. 5. Assisted places at grant-aided and independent schools.

  5. Miscellaneous

    1. 6. Consultation on, and consent for, changes in certain educational matters.

    2. 7. Removal of certain controls in connection with denominational schools.

    3. 8. Restriction and abolition of educational schemes.

    4. 9. Registration of independent schools: former grant-aided schools.

    5. 10. Registration of independent schools: offences.

    6. 11. Constitution of Independent Schools Tribunals.

    7. 12. Education in social work establishments.

    8. 13. Provision relating to Examination Board.

    9. 14. Remuneration of teaching staff.

    10. 15. Educational endowments.

    11. 16. Inspection of religious instruction.

    12. 17. Extension of power to make conditions as to qualifications for admission to teacher training courses and for recommendations for registration.

    13. 18. Transfer to University Courts of certain Universities of power to appoint Principals.

    14. 19. Expenses.

    15. 20. Meaning of “principal Act”.

    16. 21. Amendment of enactments, transitional provisions and repeals.

    17. 22. Short title, commencement and extent.

  6. SCHEDULES

    1. SCHEDULE 1

      (to be Inserted in the Principal Act as Schedule A1)

      1. 1.An appeal committee set up under section 28D(1) of this...

      2. 2.An appeal committee shall consist of 3, 5 or 7...

      3. 3.The persons appointed shall comprise— (a) members of the authority...

      4. 4.The members of an appeal committee who are members of...

      5. 5.A person who is a member of the education committee...

      6. 6.A person shall not be a member of an appeal...

      7. 7.A person who is— (a) a teacher at a relevant...

      8. 8.For the purposes of paragraph 7 above, “relevant school” means...

      9. 9.An appeal committee constituted in accordance with this Schedule shall...

    2. SCHEDULE 2

      Amendments of the Education (Scotland) Act 1980

      1. 1.The principal Act shall be amended in accordance with the...

      2. Part I Special educational needs

        1. 2.In section 4 (duty of education authorities to provide child...

        2. 3.Sections 5 (special education for children with certain disabilities) and...

        3. 4.In section 135 (interpretation)— (a) in subsection (1)—

      3. Part II Recording of children and young persons

        1. 5.In section 38 (attendance orders) for paragraph (b) of subsection...

        2. 6.In section 40 (period of operation of attendance orders) for...

        3. 7.In section 54(4)(b) (provision of clothing for pupils at public...

        4. 8.In section 135(1), at the appropriate place in alphabetical order,...

        5. 9.In paragraph 3 of Schedule 3 for the words “special...

        6. 10.In paragraph 4 of Schedule 3 for the words from...

    3. SCHEDULE 3 (

      (to be Inserted in the Principal Act as Schedule A2)

      1. Application of Certain Provisions of this Act to Recorded Children...

      2. 1.Sections 28B and 28D of this Act and Schedule A1...

      3. 2.Sections 28C, 28E(1) to (6) and 28F(1) and (5) to...

      4. 3.In relation to a recorded child, for section 28A of...

      5. 4.(1) Sections 28A, 28B and 28D of this Act and...

      6. 5.Sections 28C, 28E(1) to (6) and 28F(1) and (5) to...

      7. 6.Section 28G of this Act shall not apply in relation...

    4. SCHEDULE 4

      ( be Inserted in the Princiapal Act as Schedule 1A)

      1. 1.The proprietors or managers of a participating school may request...

      2. 2.On the expiry of the period of notice referred to...

      3. 3.Subject to paragraph 4 below, the Secretary of State may...

      4. 4.(1) If the Secretary of State— (a) is not satisfied...

      5. 5.A notice of revocation of a determination given under paragraph...

      6. 6.Revocation of a determination shall not affect the operation of—...

    5. SCHEDULE 5

      (to be Inserted in the Principal Act as Schedule 1B)

      1. Remuneration of Teaching Staff: The Committee

      2. Procedure

        1. 1.The committee may, from time to time—

        2. 2.Subject to any standing orders made under paragraph 1(c) above...

      3. General powers

        1. 3.Subject to the provisions of this Act, the committee or...

        2. 4.Without prejudice to the generality of paragraph 3 above, the...

      4. Recovery of expenditure

        1. 5.Expenditure incurred by the committee shall be recoverable so far...

        2. 6.In so far as such expenditure is not defrayed from...

    6. SCHEDULE 6

      Educational Endowments

      1. 1.The principal Act shall be amended in accordance with the...

      2. 2.In section 77 (regulations with respect to certain institutions providing...

      3. 3.In section 104 (register of educational endowments)—

      4. 4.In section 105 (schemes for reorganisation of educational endowments)—

      5. 5.In section 106 (sale of land belonging to educational endowments)—...

      6. 6.In section 107 (educational endowments applicable in part to non-educational...

      7. 7.In section 108 (reorganisation of non-educational endowments)—

      8. 8.In section 109 (provisions regarding interests of individuals), in subsection...

      9. 9.In section 110 (provisions as to beneficiaries of endowments and...

      10. 10.In section 111 (accounts and audit of educational endowments)—

      11. 11.In section 112 (procedure in preparation of reorganisation schemes)—

      12. 12.Section 113 (procedure in preparation of certain re-organisation schemes) shall...

      13. 13.In section 114 (effect of schemes)— (a) in subsection (1)—...

      14. 14.Sections 115 (schemes for small endowments) and 116 (amending schemes)...

      15. 15.In section 117 (costs of publishing scheme etc.)—

      16. 16.For section 118 (reports by governing bodies) there shall be...

      17. 17.After section 118 there shall be inserted the following section—...

      18. 18.In section 120 (default by governing body)—

      19. 19.In section 121 (judgment of Court of Session final)—

      20. 20.In section 122 (interpretation) for the words “Secretary of State”...

    7. SCHEDULE 7

      Minor and Consequential Amendments

      1. The Teaching Council (Scotland) Act 1965

        1. 1.In section 2(2) of the Teaching Council (Scotland) Act 1965,...

        2. 2.In section 7(2) of that Act, after the word “under”...

      2. The Education (Scotland) Act 1980

        1. 3.In section 16(2) of the principal Act (conveyance of transferred...

        2. 4.In section 22(1) of that Act (discontinuance and moves of...

        3. 5.In section 23(1) of that Act (power to provide education...

        4. 6.In section 23(3) of that Act (areas to which classes...

        5. 7.After section 23(6) of that Act, there shall be inserted...

    8. SCHEDULE 8

      Transitional Provisions

      1. 1.Any reference in any enactment or other instrument passed or...

      2. 2.During any period— (a) after the date of the coming...

      3. 3.During any period— (a) after the date of the coming...

      4. 4.During the period of three years beginning with the date...

      5. 5.Any consultation made or other thing done by an education...

      6. 6.Any— (a) appointment made under paragraph (e) of subsection (4)...

      7. 7.Any expression used in this Schedule and in the principal...

    9. SCHEDULE 9

      Repeals

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