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Further and Higher Education (Scotland) Act 1992

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This is the original version (as it was originally enacted).

1Duty of Secretary of State to secure provision of further education

(1)It shall be the duty of the Secretary of State to secure adequate and efficient provision of further education in Scotland.

(2)In discharging his duty under subsection (1) above, the Secretary of State shall have regard to the requirements of persons over school age who have learning difficulties.

(3)In this Part of this Act “further education” means any programme of learning, not being school education, provided for persons over school age, being a programme falling, for the time being, within section 6 of this Act.

(4)Subject to subsection (5) below, for the purposes of subsection (2) above, a person has a learning difficulty if—

(a)he has significantly greater difficulty in learning than the majority of persons over school age; or

(b)he suffers from a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for persons in colleges of further education.

(5)A person is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.

(6)The Secretary of State shall, as soon as is practicable after the end of each calendar year, prepare a report as to the discharge of his duties under this Part of this Act; and he shall lay a copy of each such report before each House of Parliament.

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