Children (Scotland) Act 1995 (c. 36)

Part II U.K. Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.

Chapter 3 U.K. Protection and supervision of Children

[F1 Failure to provide education for excluded pupils U.K.

Textual Amendments

F1 S. 75B and cross-heading inserted (31.1.2005) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 137(3), 145(2); S.S.I. 2004/420, art. 3, Sch. 4

75B Failure to provide education for excluded pupils: reference to Scottish Ministers U.K.

(1) Where it appears to the children’s hearing to whom a child’s case has been referred under section 65(1) of this Act that—

(a) an education authority have a duty under section 14(3) of the Education (Scotland) Act 1980 (c. 44) in relation to the child; and

(b) the authority are not complying with that duty,

they may require the Principal Reporter to refer the matter to the Scottish Ministers.

(2) The Principal Reporter shall comply with any requirement made under subsection (1) above.

(3) A reference made by virtue of subsection (1) above shall be in writing.

(4) A copy of a reference made by virtue of subsection (1) above shall be sent by the Principal Reporter to the education authority in respect of which the reference is made.]