Education (Scotland) Act 2025

39 Meaning of “relevant educational establishment” and “excepted establishment”

(1) In this Act, “relevant educational establishment” means—

(a) a school,

(b) a provider of school education under arrangements entered into by virtue of section 35 of the Standards in Scotland’s Schools etc. Act 2000,

(c) a provider of further education,

(d) an institution which—

(i) provides education and training wholly or mainly for individuals who are, or are training to be, teachers in schools, and

(ii) is a higher education institution (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005),

(e) a place where a child or young person is provided with residential accommodation by, or in pursuance of an arrangement with—

(i) an education authority,

(ii) the managers of a grant-aided school, or

(iii) the proprietor of an independent school,

for the purposes of the child or young person’s attendance at a school,

(f) an education authority.

(2) A reference in this Act to a relevant educational establishment includes a reference to the premises of an establishment mentioned in subsection (1)(a) to (d).

(3) But—

(a) where the subject of an inspection is a higher education institution, it may be inspected under section 38 only in relation to education and training which is provided as mentioned in subsection (1)(d)(i),

(b) where the subject of an inspection is a place mentioned in subsection (1)(e), it may be inspected under section 38 only with a view to determining whether the child or young person’s welfare is adequately safeguarded and promoted there,

(c) where the subject of an inspection is an education authority, it may be inspected under section 38 only in relation to the functions of the authority which relate to the provision of school education, whether exercised individually or with others.

(4) In this Act, “excepted establishment” means—

(a) a place where fundable further education is provided by a post-16 education body (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005),

(b) a place mentioned in subsection (1)(d).

(5) Any expression used in this section and in the Education (Scotland) Act 1980 has the same meaning in this section as in that Act.

(6) The Scottish Ministers may by regulations modify this section so as to modify the meaning of—

(a) “relevant educational establishment”,

(b) “excepted establishment”.

(7) Before making regulations under subsection (6), the Scottish Ministers must consult—

(a) the Chief Inspector,

(b) the Advisory Council, and

(c) such other persons as the Scottish Ministers consider appropriate.