The Education (Scotland) Act 2016 (Commencement No. 1) Regulations 2016

Scottish Statutory Instruments

2016 No. 192 (C. 15)

Education

The Education (Scotland) Act 2016 (Commencement No. 1) Regulations 2016

Made

7th June 2016

Laid before the Scottish Parliament

9th June 2016

Coming into force

15th July 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 33(2) and (3) of the Education (Scotland) Act 2016(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Education (Scotland) Act 2016 (Commencement No. 1) Regulations 2016 and come into force on 15th July 2016.

(2) In these Regulations—

“the 2000 Act” means the Standards in Scotland’s Schools etc. Act 2000(2); and

“the 2016 Act” means the Education (Scotland) Act 2016.

Appointed days

2.—(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the 2016 Act specified in column 1 of the schedule (the subject matter of which is described in column 2 of the schedule), is specified in column 3 of the schedule.

(2) Where a purpose is specified in column 4 of the schedule, a provision specified in column 1 comes into force in accordance with paragraph (1) only for that purpose.

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

7th June 2016

Regulation 2

SCHEDULE

Column 1 Provisions of the 2016 Act	Column 2 Subject matter	Column 3 Appointed day	Column 4 Purpose
Section 1	Pupils experiencing inequalities of outcome	1st August 2016	For the purpose of inserting section 3A of the 2000 Act.
Section 2(1) and (2)	National Improvement Framework	1st August 2016	For the purpose of inserting section 3C of the 2000 Act(3).
Section 2(3)	National Improvement Framework	1st August 2016	For the purpose of repealing section 4 of the 2000 Act only.
Section 2(4)(a)	National Improvement Framework	1st August 2016	For the purpose of repealing the definition of “national priorities in education” from section 58(1) of the 2000 Act only.
Section 2(4)(b)	National Improvement Framework	1st August 2016
Section 3(1) and (2)	Plans and reports	1st August 2016	So far as is necessary to enable the Scottish Ministers to make regulations under section 3E(2) of the 2000 Act.
Section 3(1) and (2)	Plans and reports	1st December 2016	For the purpose of inserting section 3E of the 2000 Act (in so far as section 3E is not already inserted)(4).
Section 3(1) and (2)	Plans and reports	1st August 2016	So far as is necessary to enable the Scottish Ministers to make regulations under section 3F(4) of the 2000 Act.
Section 3(1) and (2)	Plans and reports	1st December 2016	For the purpose of inserting section 3G of the 2000 Act.
Section 4	Guidance	1st August 2016
Section 7	Assessment requests	1st August 2016	So far as is necessary to enable the Scottish Ministers to make regulations under section 7(5) of the 2016 Act.
Section 16	Guidance	15th July 2016
Section 17	Meaning of “Gaelic education” and “Gaelic medium education”	15th July 2016
Section 21(1) and (2)	Learning hours	1st August 2016	For the purpose of inserting section 2ZA(11) of the Education (Scotland) Act 1980(5).
Section 29	Provision of early learning and childcare: children with guardians	1st August 2016
Section 30	Meaning of “the 1980 Act”	1st August 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force the following provisions of the Education (Scotland) Act 2016 (asp 8) (“the 2016 Act”) for all purposes, unless otherwise stated.

Section 16 of the 2016 Act, which amends the provision about guidance on Gaelic education in section 9 of the Gaelic Language (Scotland) Act 2005 (asp 7) (“the 2005 Act”), is commenced on 15th July 2016. Section 17 of the 2016 Act, which amends the definition of ‘Gaelic education’ in section 10 of the 2005 Act and which also amends the definition of “Gaelic medium education” in paragraph 12 of schedule 1 of the Schools (Consultation) (Scotland) Act 2010 (asp 2), is also commenced on 15th July 2016.

These Regulations also bring into force the following provisions of the 2016 Act, on 1st August 2016:

• section 1 (Pupils experiencing inequalities of outcome) for the purpose of inserting section 3A of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) (“the 2000 Act”) which imposes a duty on the Scottish Ministers relative to pupils experiencing inequalities of outcome;

• section 2(1) and (2) (National Improvement Framework) for the purpose of inserting section 3C of the 2000 Act (section 3C requires the Scottish Ministers to prepare and publish a statement setting out strategic priorities and objectives in relation to school education, “the National Improvement Framework”). Section 3B of the 2000 Act will be inserted by subsequent commencement regulations under the 2016 Act;

• section 2(3) (National Improvement Framework) for the purpose of the repeal of section 4 of the 2000 Act (section 4 requires the Scottish Ministers to define by order made by statutory instrument, priorities in educational objectives for school education provided for Scotland);

• section 2(4)(a), for the purpose of repealing the definition of “national priorities in education” from section 58(1) of the 2000 Act only;

• section 2(4)(b) (which inserts a definition of the “National Improvement Framework” into the 2000 Act);

• section 3(1) and (2) (Plans and reports) so far as is necessary to enable the Scottish Ministers to make regulations under section 3E(2) of the 2000 Act (regulations prescribing the planning period for the annual plan to be prepared by the Scottish Ministers under section 3E);

• section 3(1) and (2) (Plans and reports) so far as is necessary to enable the Scottish Ministers to make regulations under section 3F(4) of the 2000 Act (regulations prescribing the planning period for the annual plan to be prepared by education authorities under section 3F(1));

• section 4 (Guidance) amendments to the guidance for education authorities provision in the 2000 Act;

• section 7 (Assessment requests) so far as is necessary to enable the Scottish Ministers to make regulations under section 7(5). Section 7(5) enables the Scottish Ministers to make provision about assessment requests under section 7(1) of the 2016 Act;

• section 21(1) and (2) (Learning hours) for the purpose of inserting section 2ZA(11) of the Education (Scotland) Act 1980 (“the 1980 Act”) which enables the Scottish Ministers to consult such persons as they consider appropriate before making any regulations under section 2ZA(1), (4)(c), or (10) of the 1980 Act;

• section 29 (Provision of early learning and childcare: children with guardians) amendments to the provisions in the Children and Young People (Scotland) Act 2014 (asp 8); and

• section 30 (Meaning of “the 1980 Act”).

Finally, these Regulations bring into force section 3(1) and (2) (Plans and reports) of the 2016 Act, for the purpose of inserting the remainder of section 3E of the 2000 Act (annual plan: Scottish Ministers) and for the purpose of inserting section 3G of the 2000 Act on 1st December 2016. Section 3D of the 2000 Act will be inserted by subsequent commencement regulations under the 2016 Act.

Section 3E of the 2000 Act requires the Scottish Ministers to prepare and publish an annual plan setting out the steps that they propose to take during a 12 month planning period (a period to be prescribed by the Scottish Minsters by regulations under section 3E(2)) with a view to reducing inequalities of outcome for pupils who experience those inequalities as a result of socio-economic disadvantage and the educational benefits for those pupils that they consider will result from taking those steps. Section 3G of the 2000 Act requires the Scottish Ministers to prepare and publish an annual report setting out for the 12 month planning period, the steps they have taken with a view to reducing inequalities of outcome for such pupils, any steps they have taken in pursuance of the National Improvement Framework, and any educational benefits for pupils that they consider result from taking those steps.

The Bill for the 2016 Act received Royal Assent on 8th March 2016. Section 33(1) of the 2016 Act brought into force sections 31, 32, 33 and 34 of the 2016 Act on the day after Royal Assent.

(1)

2016 asp 8.

(2)

2000 asp 6.

(3)

New section 3B of the 2000 Act will be inserted by subsequent commencement regulations under the 2016 Act.

(4)

New section 3D of the 2000 Act will be inserted by subsequent commencement regulations under the 2016 Act.

(5)

1980 c.44.