Section 50 Education of pupils in exceptional circumstances.

Scotland

(1)

Where in the opinion of an education authority—

(a)

any pupil is, owing to the remoteness of his home or the conditions under which he is living or other exceptional circumstances, unable to receive the full benefit of school education unless special arrangements are made for him, or

(b)

school education suitable to the age, ability and aptitude of any pupil can F1, subject to subsection (1ZA), best be provided for him at any particular school, F2

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

the authority F4, in a case where subsection (3) applies, may and, in any other case, subject to subsection (4) below, shall, after consultation with the parent F5, make such arrangements of either a temporary or a permanent character as they think best suited to the purpose of enabling that pupil to attend F6, in any case falling under—

(i)

paragraph (a) of this subsection, an appropriate school; and

(ii)

paragraph (b) thereof, the particular school.

F7(1ZA)

In deciding whether school education suitable to the age, ability and aptitude of a pupil is best provided at a particular independent school, an education authority must have regard to the matter mentioned in section 50A.

F8(1A)

In subsection (1) above, references to an appropriate school and to a particular school are references not only to schools in Scotland but also to schools in England and Wales or in Northern Ireland (“school education” being construed accordingly).

(2)

The arrangements made under subsection (1) above may include—

(a)

the provision of travelling facilities or the payment of travelling expenses under F9subsection (1) of section 51 of this Act (for the purposes of this paragraph, any reference in that section to a school being construed as a reference not only to a school in Scotland but also to a school in England and Wales or in Northern Ireland); or

(b)

the accommodation of the pupil at a boarding school or in a hostel, home or other institution; or

(c)

other provision of board and lodging, provided that the education authority shall, so far as practicable, give effect to the wishes of the parent with respect to the religious denomination of the person with whom the pupil will reside; or

(d)

provision for the travelling, board and lodging of teachers.

F10(3)

This subsection applies where—

(a)

the education authority have, in accordance with F11— (i) their arrangements as published or otherwise made available under section 28B(1)(a) of this Act

F12(ii)

any arrangements made by them under section 23(1A) of this Act; or

(iii)

the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act , proposed to place the pupil in a particular school or in one of a number of schools named by them and have, in connection with that proposal, made or offered to make for the pupil suitable arrangements of the kind referred to in subsection (2) above; but

(b)

in consequence of a placing request, the pupil has been placed by them F13or another education authority in a school other than a school referred to in paragraph (a) above.

(4)

The duty imposed by subsection (1)(a) or (b) above does not apply where the pupil belongs (in accordance with section 23(3) of this Act) to the area of some other education authority or of a F14local authority (as defined in section 579(1) of the Education Act 1996) in England and Wales.

Annotations

Textual amendments

F1: Words in s. 50(1)(b) inserted (4.8.2008) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 5(2)(a), 11(2); S.S.I. 2008/171, art. 2(2)
F2: Word repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11
F3: S. 50(1)(c) repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c.39, SIF 41:2), s. 82(2), Sch. 11
F4: Words inserted by Education (Scotland) Act 1981 (c.58), s. 2(2)(a)
F5: Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11
F6: Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(10)(a)
F7: S. 50(1ZA) inserted (4.8.2008) by Schools (Health Promotion and Nutrition) (Scotland) Act 2007 (asp 15), ss. 5(2)(b), 11(2); S.S.I. 2008/171, art. 2(2)
F8: S. 50(1A) inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(10)(b)
F9: Words substituted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 8(10)(c)
F10: S. 50(3)(4) inserted by Education (Scotland) Act 1981 (c. 58), s. 2(2)(b)
F11: Words in s. 50(3)(a) inserted (1.4.1996) by 1994 c. 39, s. 145(2)(a)(i); S.I. 1996/323, art. 4(1)(a), Sch. 1.
F12: S. 50(3)(a)(i)(ii) inserted (1.4.1996) by 1994 c. 39, s. 145(2)(a)(ii); S.I. 1996/323, art. 4(1)(a), Sch. 1.
F13: Words in s. 50(3)(b) inserted (1.4.1996) by 1994 c. 39, s. 145(2)(b); S.I. 1996/323, art. 4(1)(a), Sch. 1.
F14: Words in s. 50(4) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 31(3)