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Education (Scotland) Act 2016

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Education (Scotland) Act 2016. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

    1. Summary and background

  3. Commentary on Sections

    1. Part 1: School Education

      1. Section 1: Pupils experiencing inequalities of outcome

      2. Section 2: National Improvement Framework

      3. Section 3: Plans and reports

      4. Section 4: Guidance

      5. Section 5: Duties in relation to promotion of health

      6. Section 6: Parental involvement

    2. Part 2: Gaelic Medium Education

      1. Assessments: primary education

        1. Section 7: Assessment requests

        2. Section 8: GMPE assessment areas

        3. Section 9: Initial assessments

        4. Section 10: Duties of education authority

        5. Section 11: Requests that need not be considered

        6. Section 12: Full assessments

        7. Section 13: Procedure following full assessment

      2. Early learning and childcare

        1. Section 14: Power to extend Part to early learning and childcare

      3. Promotion, support and guidance

        1. Section 15: Duty to promote and support Gaelic medium education and learning

        2. Section 16: Guidance

      4. Definitions: other Acts

        1. Section 17: Meaning of “Gaelic education” and “Gaelic medium education”

      5. Interpretation of Part 2

        1. Section 18: Interpretation of Part 2

    3. Part 3: Miscellaneous

      1. Section 19: Additional support for learning

        1. New section 3: Children and young persons: capacity

        2. New section 3A: Children: assessment of capacity, etc.

        3. New section 3B: Assessment of wellbeing

        4. New section 3C: Rights of parents of children aged 12 or over

        5. Amendment of section 6: children and young persons for whom education authority is responsible

        6. Amendment of section 7: children and young persons for whose school education an education authority is not responsible

        7. Amendment of section 8: assessments and examinations

        8. Amendments of section 8A: assessments and examinations: further provision

        9. Amendments of section 9: duty to prepare co-ordinated support plans

        10. Amendments of section 10: reviews of co-ordinated support plans

        11. Amendments of section 11: co-ordinated support plans: further provision

        12. Amendment of section 12: duties to seek and take account of information

        13. Amendment of section 13: provision of information etc. on occurrence of certain events

        14. Amendment of section 14: supporters and advocacy

        15. Amendment of section 15: mediation services

        16. Amendment of section 16: dispute resolution

        17. Amendment of section 18: references to Tribunal

        18. Amendment of section 19: powers of Tribunal in relation to reference

        19. Amendment of section 26: publication of information by education authority

        20. Amendment of section 27: code of practice and directions

        21. Amendment of section 27A: collection of data on additional support needs

        22. Amendment of section 29: interpretation

        23. Amendment of section 31: duty to inform in writing or alternative permanent form

        24. Section 31A: Provision of support service

        25. Orders, regulations and rules

        26. Amendment of schedule 1: Additional Support Needs Tribunal for Scotland

      2. Section 20: Children unable to attend early learning and childcare

      3. Section 21: Learning hours

      4. Section 22: Provision of school meals

      5. Section 23: Clothing grants

      6. Section 24: Enforcement of statutory duties

      7. Section 25: Appointment of Chief Education Officer

      8. Section 26: Registration of independent schools

      9. Section 27: Employment of teachers in grant-aided schools

      10. Section 28: Head teachers: education and training standards

        1. Section 90A: Head teachers: education and training standards

        2. Section 98DA: Head teachers: education and training standards

      11. Section 29: Provision of early learning and childcare: children with guardians

    4. Part 4: General

      1. Section 31: Regulations

      2. Section 32: Ancillary provision

      3. Section 33: Commencement

  4. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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