Education (Scotland) Act 1962

1. Introductory Text

2. PART I Provision of Education by Education Authorities

   1. Primary, Secondary and Further Education

      1. 1. Provision of educational facilities by education authorities

      2. 2. Primary education

      3. 3. Secondary education

      4. 4. Further education

      5. 5. Special educational treatment

      6. 6. Recreation and social and physical training

      7. 7. Provision of educational facilities to be in accordance with schemes

      8. 8. Religious instruction

      9. 9. Conscience clause

      10. 10. Safeguards for religious beliefs

      11. 11. Provision of books, materials and special clothing free of charge

      12. 12. County library service

      13. 13. Provision of hostels

      14. 14. Power to provide education elsewhere than at an educational establishment

   2. Transference of Schools to Education Authorities

      1. 15. Transference of endowed schools to education authorities

      2. 16. Transference of denominational schools to education authorities

   3. Provision, Maintenance and Equipment of Schools and other Buildings

      1. 17. Provision, maintenance and equipment of schools and other buildings

      2. 18. Improvements as to premises of educational establishments for the safety of pupils

      3. 19. Requirements as to premises of educational establishments

      4. 20. Acquisition of land and execution of works

   4. Management of Denominational Schools

      1. 21. Management of denominational schools

   5. Discontinuance and Moves of Educational Establishments

      1. 22. Discontinuance and moves of educational establishments

   6. Co-operation between Education Authorities and Others

      1. 23. Co-operation in the performance of functions

      2. 24. Provision by education authority for education of pupils belonging to areas of other authorities

      3. 25. Contributions to maintenance of certain schools and institutions

      4. 26. Contributions to universities

   7. Promotion of Educational Developments

      1. 27. Educational research

      2. 28. Educational conferences

3. PART II Rights and duties of Parents and functions of Education Authorities in relation to Individual Pupils

   1. General Principle

      1. 29. Pupils to be educated in accordance with the wishes of their parents

   2. Transfer from Primary to Secondary Education

      1. 30. Transfer schemes

   3. Duty of Parents to provide Education for their Children

      1. 31. Duty of parents to provide education for their children

      2. 32. School age

      3. 33. Dates for commencing and terminating school attendance

      4. 34. Exemption from school attendance

   4. Failure of Parents to provide Education for their Children

      1. 35. Failure by parent to secure regular attendance by his child at a public school

      2. 36. Power of education authority and of juvenile court in relation to irregular attendance of child at a public school

      3. 37. Power of education authority where not satisfied that parent is providing efficient education for his child

   5. Attendance Orders

      1. 38. Making of attendance orders

      2. 39. Amendment and revocation of attendance orders

      3. 40. Period of operation of attendance orders

      4. 41. Failure to comply with attendance order

   6. Reasonable Excuses

      1. 42. Reasonable excuses

   7. Prosecutions

      1. 43. Prosecutions and penalties

      2. 44. Powers of Courts in relation to child

   8. Attendance at Junior Colleges

      1. 45. Attendance at junior colleges

      2. 46. Provisions for securing attendance at junior colleges

      3. 47. Enforcement of attendance at junior colleges

      4. 48. Power to require attendance of unemployed young persons at junior colleges

   9. Provision to assist Pupils to take Advantage of Educational Facilities

      1. 49. Power of education authorities to assist persons to take advantage of educational facilities

      2. 50. Education of pupils in exceptional circumstances

      3. 51. Provision of transport and other facilities

      4. 52. Recovery of cost of board and lodging

   10. Provision of Food and Clothing

       1. 53. Provision of food for pupils at educational establishments managed by education authorities

       2. 54. Provision of clothing for pupils at public schools

       3. 55. Provision of food and clothing for pupils at schools other than public schools

       4. 56. Condition of provision of clothing by education authorities

   11. Health and Cleanliness of Pupils

       1. 57. Regulations as to medical examination and inspection

       2. 58. Medical inspection, supervision and treatment of pupils

       3. 59. Dental treatment of pupils

       4. 60. Supplementary provisions

       5. 61. Power to ensure cleanliness

   12. Handicapped Children

       1. 62. Classification and educational arrangements

       2. 63. Duty of education authorities to ascertain what children are suffering from disability

       3. 64. Children requiring special educational treatment

       4. 65. Children unsuitable for education or training in a special school

       5. 66. Children who may benefit by local health authority services after leaving school

4. PART III Administration and Finance

   1. Central Administration

      1. 67. Inspection of educational establishments

      2. 68. Local inquiries

      3. 69. Power to require submission to medical examination

      4. 70. Approval and carrying out of schemes

      5. 71. Powers to enforce duty of education authorities and other persons

      6. 72. Annual report

   2. Advisory Councils

      1. 73. Advisory Councils

   3. Finance

      1. 74. Expenses of Secretary of State

      2. 75. Application of moneys provided by Parliament for education in Scotland

      3. 76. Payment of grants to be subject to conditions

      4. 77. Highland schools grant

   4. Accounts and Audit

      1. 78. Appointment of accountant

      2. 79. Examination of accounts

      3. 80. Accountant's annual report

   5. Teachers

      1. 81. Training of teachers and certificates of competency

      2. 82. Appointment of teachers

      3. 83. Salaries of teachers

      4. 84. Retiring allowances

      5. 85. Dismissal of teachers

   6. Administrative and Other Staff

      1. 86. Appointment of director of education

      2. 87. Pensions, etc., for education authority officers other than teachers

   7. Local Administration

      1. 88. Minutes of education committee meetings

      2. 89. Education estimates

      3. 90. Borrowing powers

      4. 91. Incidental expenses of education authorities

      5. 92. Education authorities may receive and administer bequests

      6. 93. Funds for behoof of public schools, etc., to be transferred to education authorities

      7. 94. Education authorities to administer revenues of endowments applicable to bursaries

      8. 95. Trust funds to be kept separate

      9. 96. Reports by education authorities

      10. 97. Returns by registrars of births, deaths and marriages to education authorities

   8. Procedure and Evidence

      1. 98. Service of notices

      2. 99. Certificates of birth

      3. 100. Presumption of age

      4. 101. Admissibility of documents

5. PART IV Superannuation of Teachers

   1. 102. Teachers (Superannuation) Regulations

   2. 103. Application of Teachers (Superannuation) Regulations

   3. 104. Power of governing bodies to fulfil conditions

   4. 105. Contributions towards benefits under Teachers (Superannuation) Regulations

   5. 106. Increase of annual allowances

   6. 107. Account and actuarial inquiries

   7. 108. Payment of deferred annuities

   8. 109. Functions of Government Actuary

   9. 110. Interpretation of Part IV

6. PART V Independent Schools

   1. 111. Registration of independent schools

   2. 112. Complaints

   3. 113. Determination of complaints

   4. 114. Enforcement of orders

   5. 115. Removal of disqualifications

   6. 116. Proceedings before Independent Schools Tribunals and matters relating thereto

7. PART VI Reorganisation of Endowments

   1. 117. Register of educational endowments

   2. 118. Schemes for reorganisation of educational endowments

   3. 119. Sale of land belonging to educational endowments

   4. 120. Educational endowments applicable in part to non-educational purposes

   5. 121. Non-educational endowments

   6. 122. Provisions regarding interests of individuals

   7. 123. Provisions as to beneficiaries and teachers

   8. 124. Accounts and audit of educational endowments

   9. 125. Procedure in preparation of schemes

   10. 126. Appeal against educational endowment schemes on questions of law

   11. 127. Approval and effect of schemes

   12. 128. Schemes for small endowments

   13. 129. Amending schemes

   14. 130. Cost of publishing scheme, etc.

   15. 131. Reports by governing body

   16. 132. Quorum of governing body

   17. 133. Provision for default of governing body

   18. 134. Judgment of Court of Session final

   19. 135. Interpretation of Part VI

8. PART VII Miscellaneous Provisions

   1. Employment

      1. 136. Children not to be employed in factories, mines or quarries

      2. 137. Power of education authorities to prohibit or restrict employment of children

      3. 138. Effect of attendance notices on computation of working hours

      4. 139. Adaptation of enactments relating to employment of children and young persons

   2. Savings and Exceptions

      1. 140. Saving as to persons in the service of the Crown

      2. 141. Saving as to persons suffering from mental disorder and persons detained by order

   3. General

      1. 142. Amendment of enactments

      2. 143. Orders in Council

      3. 144. Regulations etc.

      4. 145. General definitions

      5. 146. Interpretation

      6. 147. Repeals

      7. 148. Commencement

      8. 149. Citation and extent

9. SCHEDULES

   1. FIRST SCHEDULE

      Local Inquiries

      1. 1. The Secretary of State shall appoint a person to hold...

      2. 2. The person appointed shall notify the bodies and persons appearing...

      3. 3. The person appointed may by notice in writing require any...

      4. 4. The person appointed to hold the inquiry may administer oaths...

      5. 5. The inquiry shall unless the Secretary of State otherwise directs...

      6. 6. Any person who refuses or wilfully neglects to attend in...

      7. 7. The Secretary of State may make orders as to the...

      8. 8. Any order by the Secretary of State under paragraph 7...

   2. SECOND SCHEDULE

      Annual Sums charged on the Consolidated Fund

   3. THIRD SCHEDULE

      Teachers (Superannuation) Regulations

      1. PART I Provisions to which the Teachers (Superannuation) Regulations shall give effect

         1. Provisions to be included in Regulations

            1. 1. The Teachers (Superannuation) Regulations shall include provision for the purposes...

         2. Payment of retiring allowances

            1. 2. Provision shall be made for the payment on retirement after...

         3. Calculation of length of service

            1. 3. Provisions shall be made for securing that the period of...

         4. Gratuities to infirm teachers

            1. 4. Provision shall be made for the payment on retirement in...

         5. Death gratuities

            1. 5. Provision shall be made for the payment to the personal...

         6. Return of contributions made by teacher to Scottish Teachers Superannuation Fund

            1. 6. Provision shall be made for the return to a teacher...

         7. Return of contributions under the Education (Scotland) Superannuation Act, 1922 and subsequent Acts

            1. 7. Provision shall be made for the repayment to a teacher...

         8. Repayment by teachers of contributions returned to them

            1. 8. Provision shall be made for permitting a teacher in circumstances...

         9. Minimum amount of benefits

            1. 9. Provision shall be made for securing that the total amount...

         10. Exchange of part of annual allowance for other benefits

             1. 10. Provision shall be made for securing that, in such circumstances...

         11. Calculation of benefits where part of annual allowance has been surrendered

             1. 11. Provision shall be made for determining, in the case where...

         12. Reckoning of breaks in service as service

             1. 12. Provision shall be made for enabling a teacher whose first...

         13. Reckoning of periods of experience of value to teachers as service

             1. 13. Provision shall be made for enabling the Secretary of State...

         14. Additional provisions

             1. 14. Provision shall be made for such other matters as appear...

      2. PART II Provisions to which the Teachers (Superannuation) Regulations may give effect

         1. Provisions which may be included in Regulations

            1. 15. The Teachers (Superannuation) Regulations may, without prejudice to the generality...

         2. Adjustment of interests under earlier schemes

            1. 16. Provision may be made for the adjustment of existing interests...

         3. Resumption of service by retired teachers

            1. 17. Provision may be made for the adjustment of retiring allowances,...

         4. Age of retirement

            1. 18. Provision may be made for the retirement from first class...

         5. Retirement from posts of special responsibility

            1. 19. Provision may be made for a teacher who holds a...

         6. Pensions for widows, widowers, children and dependants of teachers

            1. 20. Provision may be made for the payment of pensions of...

         7. Exchange of lump sum for additional pension

            1. 21. Provision may be made for enabling a teacher to whom...

         8. Teachers guilty of misconduct

            1. 22. Provision may be made for the refusal, reduction or suspension...

         9. Protection of benefits against diligence of creditors

            1. 23. Provision may be made for the protection of benefits against...

         10. Proof of title of personal representatives of teacher

             1. 24. Provision may be made for dispensing with the necessity for...

         11. Mutual arrangements with countries of Her Majesty's dominions

             1. 25. Provision may be made for giving effect to any arrangements...

         12. Extension of Regulations to teachers in schools not otherwise within scope of Regulations

             1. 26. Provision may be made for applying on such conditions and...

         13. Calculation of length of first class service of temporary teachers

             1. 27. Provision may be made where the part of the salary...

         14. Power to make Rules

             1. 28. Provision may be made for the making by the Secretary...

         15. Power to apply Acts and Provisional Orders

             1. 29. Provision may be made for applying, with such modifications as...

         16. Power to settle questions

             1. 30. Provision may be made for the final settlement by the...

         17. Modifications consequential on National Insurance Acts 1946 to 1959

             1. 31. Provision may foe made for making modifications upon the Teachers...

         18. Matters arising under National Health Service (Scotland) Act, 1947

             1. 32. Provision may be made for such other matters as appear...

      3. PART III Regulations to be Incorporated in the Teachers (Superannuation) Regulations

         1. Regulations to be incorporated

            1. 33. The following regulations shall, subject to the provisions of subsection...

   4. FOURTH SCHEDULE

      Election by Certain Teachers for Application to Them of Provisions relating to Retiring Allowances introduced in 1956

   5. FIFTH SCHEDULE

      Reduction of Contributions of Teachers in Participating Employment

   6. SIXTH SCHEDULE

      Teachers Superannuation Account

      1. 1. The accounting periods for which the account shall be made...

      2. 2. There shall be treated as having been paid into the...

      3. 3. There shall be shown the expenditure upon allowances and gratuities...

      4. 4. There shall be shown in such manner as may be...

   7. SEVENTH SCHEDULE

      Constitution of Independent Schools Tribunals

      1. 1. For the purpose of enabling Independent Schools Tribunals to be...

      2. 2. No officer of any government department and no person employed...

      3. 3. Any person appointed to be a member of the educational...

      4. 4. Where any complaint is required to be determined by an...

      5. 5. In this Schedule the expression " sheriff" does not include...

   8. EIGHTH SCHEDULE

      Enactments Repealed

   9. NINTH SCHEDULE

      Postponement of the commencement of certain provisions