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Education (Scotland) Act 1945

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This is the original version (as it was originally enacted).

82Saving as to lunatics, mental defectives, etc.

Subject to the provisions of the Education (Scotland) (Superannuation) Acts, 1919 to 1939, and to the scheme and rules made thereunder and to the provisions of section forty-two of this Act, no power or duty conferred or imposed by the Education Acts on the Secretary of State, on education authorities or on parents or young persons shall be construed as relating to any person who is the subject of an order or warrant for his detention or custody under the Lunacy (Scotland) Acts, 1857 to 1919, or is being entertained and kept in an asylum in pursuance of section fifteen of the Lunacy (Scotland) Act, 1866, or is a person for whose safe custody during His Majesty's pleasure His Majesty is authorised to give order or is a prisoner whom the Secretary of State has in pursuance of any Act directed to be removed to a criminal lunatic asylum or to the criminal lunatic department of Perth prison or to an asylum or is, a person placed in an institution or a certified house or under guardianship under section four of the Mental Deficiency and Lunacy (Scotland) Act, 1913, or is the subject of an order under sections seven, nine or ten of that Act, or has been reported under section forty-two of this Act as having been found incapable of receiving education at school, onto any person who is detained in pursuance of an order made by any court.

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