Part 4

School care accommodation services

Meaning of “school care accommodation service”
82
1
In section 2 of the 2001 Act, for subsection (4) substitute—
4
A school care accommodation service is a service which—
a
consists of the provision of residential accommodation to a pupil in a place in or outwith a public, independent or grant-aided school;
b
is provided (whether or not during term-time) for the purpose of or in connection with the pupil's attendance at the school (whether current or otherwise); and
c
is provided to the pupil by—
i
an education authority or the managers of an independent or grant-aided school; or
ii
any person under arrangements made between that person and any such authority or managers.
4A
For the purposes of subsection (4)(c)(i) above, a service which—
a
falls within the description given by subsection (4)(a), (b) and (c)(ii) above; and
b
is provided to the pupil in domestic premises,
is to be regarded as being provided by that authority or (as the case may be) those managers.
4B
A service may be excepted from the definition in subsection (4) above by regulations.
.
2
In section 77(1) of the 2001 Act, in the definition of “school care accommodation service”, for “has the meaning given by subsection (4) of section 2” substitute “ is to be construed in accordance with subsections (4) to (4B) of section 2 of ”.

Application of fire safety rules to school care accommodation service
83
In section 78 of the Fire (Scotland) Act 2005 (asp 5), in subsection (5)(c), after “section)” insert “ except where the service is provided as mentioned in subsection (4)(c)(ii) of that section ”.
S. 83 in force at 1.9.2007 by S.S.I. 2007/385, art. 2, Sch.
S. 82 in force at 1.9.2007 by S.S.I. 2007/385, art. 2, Sch.