SCHEDULE 5Modification of enactments

Education (Scotland) Act 1980

2

(1)

The 1980 Act is amended as follows.

(2)

In section 1—

(a)

in subsection (1A), for the words from first “as” to “order” substitute “ to the extent required by section 47(1) of the Children and Young People (Scotland) Act 2014 ”,

(b)

omit subsections (1B) and (4A),

(c)

in subsection (5)(a), for sub-paragraph (i) substitute—

“(i)

early learning and childcare;”.

(3)

In section 53A(2), for “53(3)” substitute “ 53 ”.

(4)

In section 53B—

(a)

in subsection (1)—

(i)

after “applies” insert “ , subject to subsection (1A), ”,

(ii)

for “53(3)” substitute “ 53 ”,

(b)

after subsection (1), insert—

“(1A)

This section does not apply in such circumstances as the Scottish Ministers may by regulations prescribe.”,

(c)

in subsection (5)(b), for “53(3)” substitute “ 53 ”.

(5)

In section 133—

(a)

in subsection (2), for “(2ZA)” substitute “ (2YA) ”,

(b)

after subsection (2), insert—

“(2YA)

Subsection (2) above shall not apply to any regulations under section 53(3)(c) of this Act; and such regulations shall be subject to the affirmative procedure.”.

(6)

In section 135—

(a)

after the definition of “dental treatment” insert—

““early learning and childcare” has the same meaning as in Part 6 of the Children and Young People (Scotland) Act 2014;”,

(b)

for the definitions of “nursery school” and “nursery class” substitute—

““nursery schools” and “nursery classes” are schools and classes which provide early learning and childcare;”.