OpenLegislation

Education (Scotland) Act 1980

1980 c. 44 · Enacted 1 August 1980 · Extends to Scotland

Not fully up to date. 30 changes made by later legislation have not yet been written into this text, which is revised to 1 April 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 28D(1)words substitutedEducation (Additional Support for Learning) (Scotland) Act 2004 sch. 3 para. 3(7)(a)
s. 53ZAinsertedEducation (Scotland) Act 2016 s. 22(3)
s. 98DAinsertedEducation (Scotland) Act 2016 s. 28(2)
s. 78 and cross-headinginsertedEducation (Scotland) Act 2016 s. 25
s. 54AinsertedEducation (Scotland) Act 2016 s. 23
s. 50BinsertedSchools (Residential Outdoor Education) (Scotland) Act 2026 s. 2(4)
s. 50(1ZB)insertedSchools (Residential Outdoor Education) (Scotland) Act 2026 s. 2(3)
s. 49(2ZB)insertedSchools (Residential Outdoor Education) (Scotland) Act 2026 s. 2(2)
s. 6A-6CinsertedSchools (Residential Outdoor Education) (Scotland) Act 2026 s. 1
s. 74AinsertedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 32(2)
s. 73A(3)(a)(b) and wordsubstituted for wordsTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 34(2)(b)
s. 73A(1)(a)(b) and wordsubstituted for wordsTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 34(2)(a)
s. 73ZA(3)(a)-(c) and wordssubstituted for s. 73ZA(3)(a)(b) and wordsTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 33(2)(a)
s. 73ZA(4)word substitutedTertiary Education and Training (Funding and Governance) (Scotland) Act 2026 s. 33(2)(b)
s. 9words substitutedChildren (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 s. 1(3)(b)
s. 8(1A)insertedChildren (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 s. 1(2)
s. 9A-9EinsertedChildren (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 s. 1(4)
s. 9(2)(3)insertedChildren (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 s. 1(3)(d)
s. 9(1)words renumbered as s. 9(1)Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 s. 1(3)(c)
s. 9words repealedChildren (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 s. 1(3)(a)
s. 133(2XAA)insertedChildren (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 s. 1(5)
Sch. A1 para. 9substitutedLocal Government and Housing Act 1989 Sch. 11 para. 55
s. 53(3)(b)(iii)words repealedWelfare Reform Act 2012 Sch. 14 Pt. 1
s. 53(3)(b)(i)-(iia)repealedWelfare Reform Act 2012 Sch. 14 Pt. 1
s. 53(3)(a)(i)-(iia)repealedWelfare Reform Act 2012 Sch. 14 Pt. 1
s. 53(3)(a)(iv)words repealedWelfare Reform Act 2012 Sch. 14 Pt. 1
s. 73E(6)(c)words insertedHigher Education and Research Act 2017 s. 87(1)(b)(i)
s. 73E(3)(b)words insertedHigher Education and Research Act 2017 s. 87(1)(a)
s. 73E(2)words insertedHigher Education and Research Act 2017 s. 87(1)(a)
s. 73E(6)(c)(ii)words insertedHigher Education and Research Act 2017 s. 87(1)(b)(ii)

An Act to consolidate certain enactments relating to education in Scotland with amendments to give effect to recommendations of the Scottish Law Commission.

[1st August 1980]C1C2C3

Annotations to the whole text

Modifications

C1

Act applied (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 36(3) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch.1

C2

Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(c), Sch. 2

C3

Act: power to modify conferred (1.2.2017) by Education (Scotland) Act 2016 (asp 8), ss. 14(4)(a), 33(2); S.S.I. 2016/386, reg. 2, sch.

Contents

  1. Part I: Provision of Education by Education Authorities
  2. School education and further education
  3. 1Duty of education authorities to secure provision of education.
  4. 2Secretary of State may prescribe standards, etc., for education authorities.
  5. 2ZALearning hours
  6. 2AAssessment of secondary school pupils.
  7. 3Fees not to be charged in public schools, etc: exceptions.
  8. 4Duty of education authorities to provide child guidance service.
  9. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  10. 6Social activities, physical education, etc.
  11. 7Provision of educational facilities to be in accordance with schemes.
  12. 8Religious instruction.
  13. 9Conscience clause.
  14. 10Safeguards for religious beliefs.
  15. 11Provision of books, materials and special clothing free of charge.
  16. 12Library service.
  17. 13Provision of hotels.
  18. 14Education for children unable to attend school etc.
  19. 14ZAMeaning of pupil in sections 12 to 14.
  20. 14AEducation in social work establishments.
  21. Transference of schools to education authorities
  22. 15Transference of endowed schools to education authorities.
  23. 16Transference of denominational schools to education authorities.
  24. Provision, maintenance and equipment of schools and other buildings
  25. 17Provision, maintenance and equipment of schools and other buildings.
  26. 18Improvements as to premises of educational establishments for the safety of pupils.
  27. 19Power of Secretary of State to prescribe standards for premises, etc., of educational establishments.
  28. 19ASecretary of State’s power to control use of dangerous materials or apparatus in educational establishments.
  29. 20Acquisition of land and execution of works.
  30. Management of denominational schools
  31. 21Management of denominational schools.
  32. Discontinuance and moves of educationalestablishments
  33. 22Discontinuance and moves of educational establishments.
  34. Consultation on, and consent for, changes in certain educational matters
  35. 22AConsultation on certain changes in educational matters. Repealed
  36. 22BConsent for certain changes in educational matters. Repealed
  37. 22CConsent for certain changes affecting denominational schools.
  38. 22DFurther provisions relating to denominational schools.
  39. Co-operation between education authorities and others
  40. 23Provision by education authority for education of pupils belonging to areas of other authorities.
  41. 24Power of education authorities to make payments to persons providing education, etc.
  42. Promotion of educational developments
  43. 25Educational research.
  44. 26Educational conferences.
  45. 27Provision of museums by education authorities.
  46. Part II: Rights and duties of Parents and functions of Education Authorities in relation to Individual Pupils
  47. General principle
  48. 28Pupils to be educated in accordance with the wishes of their parents.
  49. 28ADuty to comply with parents’ requests as to schools.
  50. 28BInformation as to placing in schools and other matters.
  51. 28CReference to appeal committee of refusal of placing request.
  52. 28DAppeal committees.
  53. 28EAppeal committees: supplementary provisions.
  54. 28FAppeal to sheriff from appeal committee.
  55. 28GApplication of sections 28A to 28F and Schedule A1 to young persons.
  56. 28HReference to appeal committee, and appeal therefrom of decision to exclude pupil.
  57. Information as to schools and pupils
  58. 28IInformation as to schools.
  59. 28JRequirement to provide information as to school education.
  60. 28KInformation as to pupils.
  61. 28LUse of electronic communications
  62. 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  63. Duty of parents to provide education for their children
  64. 30Duty of parents to provide education for their children.
  65. 31School age.
  66. 32Dates for commencement of school attendance.
  67. 33School leaving dates.
  68. 34Exemption from school attendance.
  69. Failure of parents to provide education for their children
  70. 35Failure by parent to secure regular attendance by his child at a public school.
  71. 36Power of education authority in relation to irregular attendance of child at a public school.
  72. 37Power of education authority where not satisfied that parent is providing efficient education for his child.
  73. Attendance orders
  74. 38Making of attendance orders.
  75. 39Amendment and revocation of attendance orders.
  76. 40Period of operation of attendance orders.
  77. 41Failure to comply with attendance order.
  78. Reasonable Excuses
  79. 42Reasonable excuses.
  80. Prosecutions
  81. 43Prosecutions and penalties.
  82. 44Powers of Courts in relation to child.
  83. 45—48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  84. Corporal Punishment
  85. 48A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  86. Provision to assist pupils to take advantage of educational facilities
  87. 49Power of education authorities to assist persons to take advantage of educational facilities.
  88. 50Education of pupils in exceptional circumstances.
  89. 50ASections 49 and 50: matter to which education authority must have regard
  90. 51Provision of transport and other facilities.
  91. 52Recovery of cost of board and lodging.
  92. Provision of food and clothing
  93. 53Provision of school meals
  94. 53APromotion of school lunches
  95. 53BProtection of identity of pupils receiving free school lunches
  96. 54Provision of clothing for pupils at public schools.
  97. 55Provision of food and clothing for pupils at schools other than public schools.
  98. 56Condition of provision of clothing by education authorities.
  99. Food and drink: nutritional requirements
  100. 56AFood and drink: nutritional requirements
  101. 56BRegulations under section 56A: further provision
  102. 56CGuidance
  103. 56DApplication of sections 56A to 56C to grant-aided schools
  104. Food and drink: guidance about sustainable development
  105. 56EFood and drink: guidance about sustainable development
  106. Health and cleanliness of pupils
  107. 57Medical and dental examination and inspection.
  108. 58Power to ensure cleanliness.
  109. Children requiring special education
  110. 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  111. 60Functions of education authority in relation to children and young persons with certain special educational needs. Repealed
  112. 61Examination and assessment of children and young persons. Repealed
  113. 62Recording of children and young persons. Repealed
  114. 63Appeals against decisions about recorded children or young persons. Repealed
  115. 64Provisions supplementary to section 63. Repealed
  116. 65Appeal to sheriff on the placing in a school of a recorded child or young person. Repealed
  117. 65AReview by education authority of decision to record and information in Record. Repealed
  118. 65BFuture provision for recorded children. Repealed
  119. 65CContinuance of Record of young persons. Repealed
  120. 65DRegulations regarding Records. Repealed
  121. 65EApplication of certain provisions of this Act to recorded children and young persons. Repealed
  122. 65FSecretary of State may prescribe standards etc. for special schools. Repealed
  123. 65GAttendance of certain children and young persons with special educational needs at establishments outwith United Kingdom. Repealed
  124. Part III: Administration and Finance
  125. Central administration
  126. 66Inspection of educational establishments. Repealed
  127. 66ACode of practice as regards inspections under section 66 Repealed
  128. 66BDuty of Her Majesty’s Inspectors to make reference to Scottish Ministers Repealed
  129. 66CPreliminary notice Repealed
  130. 66DEnforcement direction Repealed
  131. 67Local inquiries.
  132. 68Power to require submission to medical examination.
  133. 69Approval and carrying out of schemes.
  134. 70Powers to enforce duty of education authorities and other persons.
  135. Advisory councils
  136. 71Advisory councils.
  137. Finance
  138. 72Expenses of Secretary of State.
  139. 73Power of Secretary of State to make grants to education authorities and others.
  140. 73ZAAdministration of certain sums
  141. 73ATransfer or delegation of functions relating to student support.
  142. 73BRegulations relating to student loans.
  143. 73CTransitional provisions and savings on repeal of Education (Student Loans) Act 1990.
  144. 73DProvision as to maximum amounts of certain allowances.
  145. 73ESupply of information in connection with student loans.
  146. 74Payment of grants to be subject to conditions.
  147. 75Examination of accounts.
  148. 75AAssisted places at grant-aided and independent schools.
  149. 75BIncidental expenses of and provision for pupils holding assisted places.
  150. 76Industrial scholarships.
  151. Grant-aided colleges
  152. 77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  153. Appointment of director of education
  154. 78Appointment of director of education. Repealed
  155. Local administration
  156. 79Education authorities may receive and administer bequests.
  157. 80Funds for behalf of public schools etc., to be transferred to education authorities.
  158. 81Trust funds to be kept separate.
  159. 82Reports by education authorities.
  160. 83Returns by registrars of births, deaths, and marriages to education authorities.
  161. 84Certificates of birth.
  162. 85Presumption of age.
  163. 86Admissibility of documents.
  164. Part IV: Teachers
  165. Appointment, dismissal, retirement and employment of teachers
  166. 87Appointment of teachers.
  167. 87AAppointment of principal teachers. Repealed
  168. 87BSelection of teachers. Repealed
  169. 88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  170. 89Age of retirement of teachers. Repealed
  171. 90Employment of teachers.
  172. 90AHead teachers: education and training standards
  173. Pay and conditions of teaching staff employed in providing school education
  174. 91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  175. 92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  176. 93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  177. 94—96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  178. Provisions common to the two committees
  179. 97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  180. 97A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  181. 97B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  182. 97C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  183. 97D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  184. Part V: Independent Schools
  185. 98Registration of independent schools.
  186. 98AApplication for registration of independent school
  187. 98BRefusal of application for registration: disqualifications
  188. 98CRegistration: notification and appeals
  189. 98DRemoval from register where school no longer being carried on
  190. 98EImposition, variation and revocation of conditions
  191. 99Complaints.
  192. 100Determination of complaints.
  193. 101Enforcement of orders.
  194. 102Removal of disqualifications.
  195. 103Appeals under this Part
  196. 103AProprietor which is body corporate etc.
  197. 103BDate of registration or removal from register
  198. Part VI: Reorganisation of Endowments
  199. 104Register of educational endowments.
  200. 105Schemes for reorganisation of educational endowments.
  201. 106Sale of land belonging to educational endowments.
  202. 107Educational endowments applicable in part to non-educational purposes.
  203. 108Non-educational endowments.
  204. 108ACourts’ power to give effect to reorganisation scheme on petition of Lord Advocate.
  205. 109Provisions regarding interests of individuals.
  206. 110Provisions as to beneficiaries and teachers.
  207. 111Accounts and audit of educational endowments.
  208. 112Procedure in preparation of reorganisation schemes.
  209. 113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  210. 114Effect of schemes.
  211. 115, 116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  212. 117Cost of publishing scheme, etc.
  213. 118Information by governing bodies.
  214. 118AIncome plans under schemes.
  215. 119Quorum of governing body.
  216. 120Provision for default of governing body.
  217. 121Judgment of Court of Session final.
  218. 122Interpretation of Part VI.
  219. Part VII: Miscellaneous Provisions
  220. Employment
  221. 123Work experience in last year of compulsory schooling.
  222. 124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  223. 125Adaptation of enactments relating to employment of children and young persons.
  224. Children and young persons in accommodation
  225. 125AWelfare of children and young persons in accommodation provided for purposes of school attendance.
  226. Careers services of education authorities
  227. 126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  228. 127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  229. 128Control of education authorities by Secretary of State. Repealed
  230. Examinations Board
  231. 129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  232. Savings and exceptions
  233. 130Saving as to persons in the service of the Crown.
  234. 131Saving as to persons suffering from mental disorder and persons detained by order.
  235. 131AConsent of child to medical procedures
  236. General
  237. 132Amendment of enactments.
  238. 133Regulations, etc.
  239. 134Notices.
  240. 135Interpretation.
  241. 136Transitional and savings provisions, amendments and repeals.
  242. 137Short title, commencement and extent.
  243. Schedule A1: Appeal Committees
  244. 1Paragraph 1
  245. 2Paragraph 2
  246. 3Paragraph 3
  247. 4Paragraph 4
  248. 5Paragraph 5
  249. 6Paragraph 6
  250. 7Paragraph 7
  251. 8Paragraph 8
  252. 9Paragraph 9
  253. Schedule A2: Application of Certain Provisions of this Act to Recorded Children and Young Persons Repealed
  254. 1Paragraph 1 Repealed
  255. 2Paragraph 2 Repealed
  256. 3Paragraph 3 Repealed
  257. 4Paragraph 4 Repealed
  258. 5Paragraph 5 Repealed
  259. 6Paragraph 6 Repealed
  260. Schedule 1: Local Inquiries
  261. 1Paragraph 1
  262. 2Paragraph 2
  263. 3Paragraph 3
  264. 4Paragraph 4
  265. 5Paragraph 5
  266. 6Paragraph 6
  267. 7Paragraph 7
  268. 8Paragraph 8
  269. Schedule 1A: . . .
  270. 1Paragraph 1
  271. 2Paragraph 2
  272. 3Paragraph 3
  273. 4Paragraph 4
  274. 5Paragraph 5
  275. 6Paragraph 6
  276. Schedule 1B
  277. Procedure
  278. 1Paragraph 1
  279. 2Paragraph 2
  280. General powers
  281. 3Paragraph 3
  282. 4Paragraph 4
  283. Recovery of expenditure
  284. 5Paragraph 5
  285. 6Paragraph 6
  286. Schedule 2: Constitution of Independent Schools Tribunals Repealed
  287. 1Paragraph 1 Repealed
  288. 2Paragraph 2 Repealed
  289. 3Paragraph 3 Repealed
  290. 4Paragraph 4 Repealed
  291. 5Paragraph 5 Repealed
  292. Schedule 3: Transitional and Savings Provisions
  293. General
  294. 1Paragraph 1
  295. 2Paragraph 2
  296. Children Requiring Special Education
  297. 3Paragraph 3
  298. 4Paragraph 4
  299. Savings
  300. 5Paragraph 5
  301. 6Paragraph 6
  302. Schedule 4: Amendment of Enactments
  303. 1Paragraph 1 Repealed
  304. 2Paragraph 2 Repealed
  305. The Factories Act 1961 (c. 34)
  306. 3Paragraph 3
  307. The Public Expenditure and Receipts Act 1968 (c. 14)
  308. 4Paragraph 4
  309. The Social Work (Scotland) Act 1968 (c. 49)
  310. 5Paragraph 5
  311. The Sex Discrimination Act 1975 (c. 65)
  312. 6Paragraph 6
  313. 7Paragraph 7
  314. 8Paragraph 8
  315. 9Paragraph 9
  316. 10Paragraph 10
  317. 11Paragraph 11
  318. The Race Relations Act 1976 (c. 74)
  319. 12Paragraph 12
  320. 13Paragraph 13
  321. 14Paragraph 14 Repealed
  322. 15Paragraph 15
  323. The National Health Service (Scotland) Act 1978 (c. 29)
  324. 16Paragraph 16
  325. 17Paragraph 17
  326. 18Paragraph 18
  327. 19Paragraph 19
  328. Schedule 5Enactments Repealed
  329. Schedule 6: Postponement of The Commencement of Certain Provisions
  330. 1—15Paragraph 1—15 Repealed
  331. 16Paragraph 16