Part V

Independent Schools

Application for registration of independent school
98A
1
Any person proposing to carry on an independent school shall apply to the Scottish Ministers for registration of that school.
2
An application for registration shall—
a
be in such form; and
b
include such information,
as the Scottish Ministers may, by regulations, prescribe.
3
The Scottish Ministers may, subject to subsection (4) below, grant an application for registration if they are satisfied that—
a
efficient and suitable instruction will be provided at the school, having regard to the ages and sex of the pupils who shall be attending the school;
b
the welfare of such pupils will be adequately safeguarded and promoted;
c
subject to subsection (5)(a) below—
i
the proprietor of the school is a proper person to be the proprietor of an independent school; and
ii
every proposed teacher in the school is a proper person to be a teacher in any school;
d
subject to subsection (5)(b) below, the proposed school premises are suitable for use as a school; and
e
subject to subsection (5)(c) below, the accommodation to be provided at the school premises is adequate and suitable, having regard to the number, ages and sex of the pupils who shall be attending the school.
4
The Scottish Ministers may, on granting an application for registration, impose such conditions on the carrying on of the registered school as they think fit.
5
The Scottish Ministers shall not be satisfied that—
a
the proprietor of an independent school is a proper person to be the proprietor of such a school or, as the case may be, that a proposed teacher in such a school is a proper person to be a teacher in any school if that proprietor or, as the case may be, proposed teacher—
i
is, by virtue of this Part of this Act, disqualified from being such a proprietor or, as the case may be, such a teacher;
ii
is
barred from regulated
roles
with children
; or
iii
is a prescribed person;
b
proposed school premises are suitable for use as a school if any part of such premises is, by virtue of this Part of this Act, disqualified from being so used; and
c
accommodation to be provided at school premises is adequate and suitable if any such accommodation is, by virtue of this Part of this Act, disqualified from being used as such or from being used as such for pupils of—
i
such number; or
ii
such age or sex,
for which it is proposed it be used.
6
In this Part of this Act—
- “
barred from regulated roles with children
” is to be construed in accordance with the Protection of Vulnerable Groups (Scotland) Act 2007;
- “
prescribed person
” means—
  1. in relation to a proprietor of an independent school, a person falling within such class of persons as the Scottish Ministers may, by regulations, prescribe; and
  2. in relation to a teacher or proposed teacher in such a school, a person falling within such class of persons as may be so prescribed; and
- “
proposed teacher
” means a person that the proprietor of an independent school proposes will, on the registration of that school, be a teacher in it.
Ss. 98A-98D substituted (31.12.2005) for s. 98A by School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), ss. 4(2), 9(2); S.S.I. 2005/570, art. 2(a) (with art. 3(1)(2))
S. 98A(6) modified (temp.) (20.1.2009) by Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (S.S.I. 2009/4), arts. 1(2), 4 (with art. 3)
Words in s. 98A(5)(a)(ii) substituted (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 6(a) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a)
Word in s. 98A(5)(a)(ii) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 8(2)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
Words in s. 98A(6) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 8(2)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.