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Regulation 2 Interpretation

Original text. Later amendments are not shown.

(1)

In these Regulations, unless the context otherwise requires–

  • “the Act” means the Education (Scotland) Act 1980;

  • “appropriate person” means, in respect of information relating to a pupil –

    1. (a)

      the pupil, where–

      1. (i)

        he is not less than 16 years of age; or

      2. (ii)

        he is less than 16 years of age, and a parent of the pupil consents to his request;

    2. (b)

      a parent of the pupil where the pupil is less than 18 years of age;

    3. (c)

      a parent of the pupil, where the pupil is not less than 18 years of age but is not in the opinion of the education authority capable of understanding the relevant information in respect of which access or rectification is sought,

    and for the purpose of this definition “parent” in paragraph (a) and (b) has the same meaning as in the Act and in paragraph (c) includes a person legally entitled to administer the pupil’s affairs or who appears to the education authority to have assumed actual responsibility for the pupil;

  • “personal information” means information which relates to a living individual who can be identified from that information (or from that and any other information in the possession of the authority keeping the record) and includes any expression of opinion about the individual;

  • “pupil” means the individual to whom information relates, being a person who receives, or has received, school education provided by the education authority.

(2)

In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.