4Duty to record and report on use of restraint and seclusion(1)

Each education provider must record all incidences of the use of restraint or seclusion in its schools.

(2)

The proprietor of an independent school and the managers of a grant-aided school must inform the Scottish Ministers, by such time as they may specify, of the number of incidences of restraint and seclusion in the school.

(3)

Each education authority must inform the Scottish Ministers, by such time as they may specify, of the number of incidences of restraint and seclusion in schools under its management.

(4)

The Scottish Ministers may by regulations make provision for education providers to report incidences of the use of restraint or seclusion in schools to a person specified in the regulations.

(5)

Regulations under subsection (4) may in particular include provision—

(a)

about the timescales for reporting,

(b)

about the form and content of reports,

(c)

requiring information about incidences to be provided by the person specified in the regulations to the Scottish Ministers,

(d)

about the timescales for providing that information,

(e)

about the form and content of that information.

(6)

Regulations under subsection (4) may—

(a)

make different provision for different types of education provider,

(b)

modify any enactment (including this Act).

(7)

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.

(8)

The Scottish Ministers must, for each year—

(a)

prepare a report setting out the number of incidences of the use of restraint and seclusion in schools in Scotland in the year, and

(b)

lay the report before the Scottish Parliament as soon as practicable after the end of the year.

(9)

The Scottish Ministers may by regulations specify types of restraint or seclusion which need not be—

(a)

recorded under subsection (1), or

(b)

reported to—

(i)

the Scottish Ministers under subsection (2) or (3), or

(ii)

a person specified in regulations made under subsection (4).

(10)

Before laying a draft of a Scottish statutory instrument containing regulations under subsection (9) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate.

(11)

In subsection (8), “year” means—

(a)

the period beginning with the date on which this Act comes into force and ending on the following 31 July, and

(b)

each subsequent period of one year beginning on 1 August.