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Education (No. 2) Act 1986 in Scotland

1986 c. 61 · Enacted 7 November 1986 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 July 2026.

Contents

  1. Part IV: Miscellaneous
  2. 48Abolition of corporal punishment: Scotland.
  3. Part V: Supplemental
  4. 66Commencement.
  5. 67Short title etc.
  6. 29Paragraph 29
  7. Schedule 4: Consequential Amendments
  8. The Education Act 1944 (c.31)
  9. 1Paragraph 1 Repealed
  10. 2Paragraph 2 Repealed
  11. The Education Act 1962 (c.12)
  12. 3Paragraph 3
  13. 4Paragraph 4 Repealed
  14. The Local Government Act 1974 (c.7)
  15. 5Paragraph 5 Repealed
  16. 6Paragraph 6 Repealed
  17. 7Paragraph 7 Repealed
  18. Instruments of government for certain existing schools
  19. 1Paragraph 1
  20. Grouping
  21. 2Paragraph 2
  22. Recommendations by outgoing governing bodies
  23. 3Paragraph 3
  24. IEnactments Repealed
  25. IIInstruments Revoked

48Abolition of corporal punishment: Scotland. E+W+S

After section 48 of the M1Education Act (Scotland) 1980, there shall be inserted the following new section—

“ Corporal Punishment

Abolition of corporal punishment of pupils.

48A
(1)

Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified on the ground that it was done in pursuance of a right exercisable by the member of the staff by virtue of his position as such.

(2)

Subject to subsection (3) below, references in this section to giving corporal punishment are references to doing anything for the purposes of punishing the pupil concerned (whether or not there are also other reasons for doing it) which, apart from any justification, would constitute physical assault upon the person.

(3)

A person is not to be taken for the purposes of this section as giving corporal punishment by virtue of anything done for reasons which include averting an immediate danger of personal injury to, or an immediate danger to the property of, any person (including the pupil concerned).

(4)

A person does not commit an offence by reason of any conduct relating to a pupil which would, apart from this section, be justified on the ground that it was done in pursuance of a right exercisable by a member of the staff by virtue of his position as such.

(5)

In this section “pupil” means a person—

(a)

for whom education is provided—

(i)

at a public school,

(ii)

at a grant-aided school, or

(iii)

at an independent school, maintained or assisted by a Minister of the Crown, which is a school prescribed by regulations made under this section or falls within a category of schools so prescribed.

(b)

for whom school education is provided by an education authority otherwise than at a school, or

(c)

to whom subsection (6) below applies and for whom education is provided at an independent school which does not fall within paragraph (a)(iii) above.

(6)

This subsection applies to a person if—

(a)

he holds an assisted place under a scheme operated by the Secretary of State under section 75A of this Act.

(b)

any of the fees or expenses payable in respect of his attendance at school are paid by the Secretary of State under section 73(f) of this Act.

(c)

any of the fees payable in respect of his attendance at school are paid by an education authority under section 24(1)(c), 49(2)(b), 50(1) or 64(3) of this Act, or

(d)

he falls within a category, prescribed by regulations made under this section, of persons appearing to the Secretary of State to be persons in respect of whom any fees are paid out of public funds.

(7)

In this section “member of the staff” means—

(a)

in relation to a person who is a pupil by reason of the provision of education for him at any school, any teacher who works at the school and any other person who has lawful control or charge of the pupil and works there, and

(b)

in relation to a person who is a pupil by reason of the provision of school education for him by an education authority at a place other than a school, any teacher employed by the authority who works at that place and any other person employed by the authority who has lawful control or charge of the pupil and works there.

(8)

The Secretary of State may, by order made by statutory instrument, prescribe—

(a)

schools or categories of school for the purposes of subsection (5)(a)(iii) above; and

(b)

categories of persons for the purposes of subsection (6)(d) above.

(9)

A person shall not be debarred from receiving education (whether by refusing him admission to, or excluding him from, a school or otherwise) by reason of the fact that this section applies in relation to him, or if he were admitted might so apply.

(10)

The power conferred on the Secretary of State by paragraph 4 of Schedule 1A to this Act to revoke a determination under section 75A of this Act if he is not satisfied that appropriate educational standards are being maintained includes power to do so if he is not satisfied that subsection (9) above is being complied with.”

66Commencement. E+W+S

(1)

Sections F1. . . 63 to 65, this section and section 67(1) . . . and (7) of this Act shall come into force on the passing of this Act.

(2)

Section 49 F2. . . of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

P1(3)

The other provisions shall come into force on such date as the Secretary of State may by order appoint.

(4)

Different dates may be appointed for different provisions or different purposes including, in particular, for the purpose of bringing particular provisions into force only in relation to particular schools or categories of school.

(5)

Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.

(6)

Any such order may include such adaptations of the provisions which it brings into force, or of any other provisions of this Act then in force, as appear to him to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.

67Short title etc.

(1)

This Act may be cited as the Education (No. 2) Act 1986.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

This Act shall be construed as one with F2the Education Act 1996.

(4)

Schedule 4 to this Act (which makes consequential amendments) shall have effect.

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

F3In this Act section 48 and this section extend to Scotland, but otherwise this Act extends only to England and Wales.

29

For the purposes of the following provisions of the 1944 Act—

(a)

section 67(1) (determination of disputes);

(b)

section 68 (prevention of unreasonable exercise of functions); and

(c)

section 99(1) and (2) (default);

a temporary governing body shall be treated as if they were the governing body of the school in question.

1F1

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2F1

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3

In section 4(5) of the Education Act 1962 (meaning of “training” in relation to grants for training of teachers) for “section 2 and 3” there shall be substituted “section 2”.

4

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5F1

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6

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7

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1

(1)

Section 1 of this Act shall not require the making of an instrument of government for any aided or special agreement school in respect of which there is in force, at the time when that section comes into force, and continues in force, an instrument under which its governing body is constituted; but this paragraph shall cease to apply to any such school if it is grouped with another school under section 9 of this Act.

(2)

Any such instrument shall, after the commencement of section 1, be treated for the purposes of this Act as having been made by order under that section.

2

Where a local education authority propose to group two or more schools which are subject to an arrangement under section 3 of the 1980 Act (the “section 3 schools”), the references in subsections (5) and (6) of section 10 of this Act to the governing body of each of the schools concerned shall be construed as references to the persons deemed to be governors of the section 3 schools by section 3(7) of the 1980 Act.

3

(1)

The governing body for any county, controlled or maintained special school which is constituted under an instrument of government or arrangement in force immediately before section 1 of this Act comes into force shall recommend (with reasons) to any governing body who will succeed them persons who belong to the community served by the school and who are, in their opinion, suitable for appointment as co-opted members of their successor.

(2)

Before making any recommendations under sub-paragraph (1) above, a governing body shall consult representatives of the local business community.

IEnactments Repealed

ChapterShort titleExtent of repeal
7 & 8 Geo. 6. c. 31.The Education Act 1944.Section 4.
Section 5.
Sections 17 to 21.
Section 23.
Section 24(1).
In section 27(3), from “but before” to end.
In section 67(2), the words from “or whether” to “another”.
1962 c. 12.The Education Act 1962.In section 3, paragraph (a) and from “in the case of” to “this section”.
In section 4(3), “(a) or”.
1963 c. 33.The London Government Act 1963.In section 31, subsections (7)(a) and (8).
1966 c. 42.The Local Government Act 1966.In Schedule 5, paragraph 6.
1968 c. 37.The Education (No. 2) Act 1968.Section 2.
In section 3(2), the words “or subsection (4) of section 2”.
1980 c. 20.The Education Act 1980.Section 2.
Section 3.
Section 4.
Sections 31 and 32.
In section 35(1), the words from “(other” to “(b))”.
Schedule 6.
1980 c. 44.The Education (Scotland) Act 1980.Section 23(5) to (7).
1980 c. 65.The Local Government, Planning and Land Act 1980.Section 68(5).

IIInstruments Revoked E+W+S

NumberName of instrumentExtent of revocation
S.I. 1970/1 536.The Transfer of Functions (Wales) Order 1970.Article 4.