S. 1 not in force at Royal Assent, see s. 9(2)

http://www.legislation.gov.uk/asp/2026/19/section/1Restraint and Seclusion in Schools (Scotland) Act 2026en2026-06-10Statute Law Database2026-05-27Restraint and seclusion
1Restraint and seclusion(1)

In this Act—

(a)

“restraint” means physical contact by a member of the staff of an education provider which has the intention of significantly restricting the physical movement of a pupil, including restricting their freedom of movement or ability to move independently,

(b)

“seclusion” means anything done by a member of the staff of an education provider with the intention of isolating a pupil from other pupils and preventing them from leaving the place where they are isolated.

(2)

References in this Act to “the use of” restraint or seclusion are references to the doing of anything that would constitute restraint or, as the case may be, seclusion.

(3)

In subsection (1), “member of the staff of an education provider” includes anyone acting under the authority of an education provider.

(4)

The Scottish Ministers may by regulations modify the definitions of restraint and seclusion in subsection (1) where they consider it necessary to do so in order to—

(a)

prevent the definitions capturing actions which do not carry a significant risk of harm,

(b)

allow the definitions to capture additional actions which carry a significant risk of harm.

(5)

Before laying a draft of a Scottish statutory instrument containing regulations under subsection (4) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate.