Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026

Prospective

1 Withdrawal of pupils from religious instruction or religious observance in schools S

(1) The Education (Scotland) Act 1980 is modified as follows.

(2) In section 8 (religious instruction), after subsection (1) insert—

“(1A) With effect from the day on which section 1(2) of the Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 comes into force, the continuation of the custom described in subsection (1) is to be read so as not to include any right for parents to elect that their children should not receive instruction in religion.”.

(3) In section 9 (conscience clause)—

(a) the words “from any instruction in religious subjects and” are repealed,

(b) for the words “his being withdrawn from any instruction in religious subjects” substitute “withdrawal from any such religious observance”,

(c) the existing text becomes subsection (1),

(d) after that subsection insert—

“(2) The exercise of the right under subsection (1) for a parent to withdraw a pupil from religious observance in a school is subject to section 9A.

(3) Where a pupil is withdrawn from religious observance, the education authority or, in the case of a grant-aided school, the managers, must ensure that the pupil is provided with suitable and purposeful educational activity during that period.”.

(4) After section 9 insert—

“9A Pupil’s involvement in decision about withdrawal from religious observance

(1) This section applies if a parent has made a request to withdraw a pupil from religious observance in a school under section 9(1).

(2) The operator of the school must—

(a) provide the parent with written information setting out the process for considering a request for withdrawal,

(b) tell the pupil about the request and the pupil’s right to object to withdrawal,

(c) give the pupil an opportunity to express the pupil’s views about the request in—

(i) the manner that the pupil prefers, or

(ii) a manner that is suitable to the pupil if the pupil has not indicated a preference or it is not reasonable to accommodate the pupil’s preference, and

(d) have regard to any views expressed by the pupil about the request, taking into account the pupil’s age and maturity.

(3) The operator is not required to comply with subsection (2) if satisfied that the pupil is not capable of forming a view.

(4) The pupil is to be presumed to be capable of forming a view unless the contrary is shown.

(5) If, after the operator has complied with subsection (2), the pupil objects to the parent’s request, the operator must—

(a) seek to discuss the pupil’s objection with the pupil and the parent, and

(b) have regard to any views expressed during any discussion.

(6) If the pupil objects to the parent’s request, after the operator has complied with subsection (5) the operator is not to give effect to the parent’s request.

(7) In carrying out its functions under this section, an operator must—

(a) act impartially, and

(b) not seek to influence the views of the pupil in relation to a request for withdrawal.

(8) In this section and section 9B, “operator” means—

(a) where the school is a public school, the education authority by which it is managed,

(b) where the school is a grant-aided school, the managers.

9B Guidance to operators on section 9A

(1) The Scottish Ministers must issue guidance to operators about the carrying out of functions under section 9A.

(2) The guidance must, in particular, include information about—

(a) the process for considering a request for withdrawal from religious observance,

(b) support available to pupils and parents about the process,

(c) assessing whether a pupil is capable of forming a view about a request,

(d) handling of discussion between pupils and parents about a request.

(3) Before issuing guidance under subsection (1), the Scottish Ministers must consult—

(a) operators of schools,

(b) persons appearing to the Scottish Ministers to represent the interests of—

(i) teachers,

(ii) parents,

(iii) children and young people,

(iv) denominational schools.

(4) An operator must, in carrying out functions under section 9A, have regard to guidance issued under subsection (1).

(5) The Scottish Ministers must publish guidance issued under subsection (1)—

(a) within the period of 12 months beginning with the day on which this section comes into force,

(b) in such manner as they consider appropriate.

9C Power to introduce independent right of withdrawal from religious observance

(1) The Scottish Ministers may by regulations provide for pupils to have a right to request withdrawal from any religious observance in a public or grant-aided school.

(2) Before making regulations under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate.

9D Guidance on meaning of religious observance

(1) The Scottish Ministers must issue guidance to operators about the meaning of religious observance for the purposes of sections 8, 9 and 9A.

(2) In preparing guidance under subsection (1), the Scottish Ministers must have regard to the importance of inclusiveness in the content and delivery of religious observance in schools.

(3) Before issuing guidance under subsection (1), the Scottish Ministers must consult—

(a) operators of schools,

(b) persons appearing to the Scottish Ministers to represent the interests of—

(i) teachers,

(ii) parents,

(iii) children and young people,

(iv) denominational schools.

(4) An operator must, in carrying out functions under sections 8, 9 and 9A, have regard to guidance issued under subsection (1).

(5) The Scottish Ministers must publish guidance issued under subsection (1)—

(a) within the period of 12 months beginning with the day on which this section comes into force,

(b) in such manner as they consider appropriate.

9E Reporting on withdrawal from religious observance

(1) The Scottish Ministers must, as soon as reasonably practicable after the end of each school year, prepare and publish a report setting out the number of pupils who have been withdrawn from religious observance in schools during that school year.

(2) In this section, “school year” means the period of 12 months beginning on 1 August.”.

(5) In section 133 (regulations, etc.), after subsection (2XA) insert—

“(2XAA) Subsection (2) does not apply to any regulations under section 9C; and such regulations are subject to the affirmative procedure.”.

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 5(2)