Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act 2002

General S

5 Regulations S

(1) Any power conferred by this Act on the Scottish Ministers to make regulations is exercisable by statutory instrument; and any such statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(2) Regulations under this Act may make different provision for different cases and for different classes of case.

(3) Before making any regulations under this Act, the Scottish Ministers shall consult such persons as they think fit about the proposed regulations.

6 Interpretation S

(1) In this Act—

• “the 1980 Act” means the Education (Scotland) Act 1980 (c.44);

• “pupil with a disability” means a person who has a disability for the purposes of the [F1 Equality Act 2010] who—

  (a)

  is a pupil;

  (b)

  may be admitted to a school as a pupil; or

  (c)

  being a child who is under school age, may be provided with school education at a place other than a school; and

• “responsible body” means—

  (a)

  in relation to a school which is managed by an education authority, the education authority;

  (b)

  in relation to an independent school, the proprietor;

  (c)

  in relation to a school in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the 1980 Act, the managers of the school; and

  (d)

  in relation to a self-governing school, the board of management.

(2) Any expression used in this Act and in the 1980 Act has, unless the contrary intention appears, the same meaning in this Act as in that Act.

(3) The Scottish Ministers may, by order made by statutory instrument, repeal paragraph (d) of the definition of “responsible body” in subsection (1) above.

Textual Amendments

F1 Words in s. 6 substituted (1.10.2010) by 2010 c. 15, Sch. 26 Pt. 2 para. 101 (as inserted by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6) (see S.I. 2010/2317, art. 2)

7 Short title and commencement S

(1) This Act may be cited as the Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act 2002.

(2) Sections 1 to 3 above shall come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint; and different days may be so appointed for different purposes

Subordinate Legislation Made

P1 S. 7(2) power fully exercised: 15.8.2002 appointed by S.S.I. 2002/367, art. 2