The Education (Scotland) Act 2016 (Commencement No. 4) Regulations 2017

These Regulations bring into force the following provisions of the Education (Scotland) Act 2016 (asp 8) (“the 2016 Act”), on 10th January 2018 for all purposes, unless otherwise stated.

Section 19 (additional support for learning), introduces the schedule of the 2016 Act which contains modifications of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (“the 2004 Act”). Section 19 is commenced on 10th January 2018, for the purpose of commencing the remainder of the schedule in so far as not already in force. This includes commencement of paragraphs 1 to 14, 16 to 19, 21 to 25 of the schedule of the 2016 Act and paragraph 20 of the schedule, in so far as not already in force.

These paragraphs all make various amendments to the 2004 Act with a view to enabling children who have attained the age of 12 years to exercise certain rights, do certain things, or have certain things done in relation to them, where they have capacity and it would not adversely affect their wellbeing, under that Act.

Section 28(3) (head teachers: education and training standards) amends section 133 of the Education (Scotland) Act 1980 (c.44) (regulations, etc.) to insert new subsection 2BA to provide that regulations under section 2 (standards, etc., for education authorities) or 74(1) (payment of grants to be subject to conditions), that make provision such as is mentioned in section 90A (head teachers: education and training standards), or section 98DA(1) (head teachers of independent schools: education and training standards), are subject to affirmative procedure.

Such regulations allow the Scottish Ministers to prescribe or make provision for or in connection with, the standards of education and training to be achieved by persons who are to be appointed as head teachers of education authority managed, grant-aided and independent schools.