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Regulation 7 Transitional provision: schedule 4, Part 2, paragraph 21 of the Act

Original text. Later amendments are not shown.

(1)

Paragraphs (2) and (3) apply where before 1 March 2026—

(a)

a reference has been made to the Scottish Ministers under section 66B(2) of the Education (Scotland) Act 1980f1, and

(b)

the Scottish Ministers have not yet served a preliminary notice under section 66C(1)f2 of that Act.

(2)

The reference mentioned in paragraph (1) is to be treated as a referral made by the Chief Inspector to the Scottish Ministers under section 55(2) of the Act.

(3)

The inspection to which the reference mentioned in paragraph (1) relates is to be treated as an inspection carried out in pursuance of section 38(1) of the Act.

(4)

Paragraph (5) applies where, before 1 March 2026, a preliminary notice has been served under section 66C(1) of the Education (Scotland) Act 1980.

(5)

The preliminary notice mentioned in paragraph (4) is to be treated as a preliminary notice given by the Scottish Ministers under section 56(1) of the Act.

(6)

Paragraph (7) applies where, before 1 March 2026, an enforcement direction has been given under section 66D(1) of the Education (Scotland) Act 1980f3.

(7)

The enforcement direction mentioned in paragraph (6) is to be treated as an enforcement direction given by the Scottish Ministers under section 57(1) of the Act.

(8)

Where before 1 March 2026 the Scottish Ministers have, instead of or as well as giving an enforcement direction, made such recommendations as they think appropriate under section 66D(10) of the Education (Scotland) Act 1980, those recommendations are to be treated as recommendations made by the Scottish Ministers under section 57(8) of the Act.

Annotations

Footnotes

f1

1980 c. 44. Section 66B was inserted by section 1 of the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12).

f2

Section 66C was inserted by section 1 of the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12).

f3

Section 66D was inserted by section 1 of the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12).