{
  "url": "https://openlegislation.uk/schools-general-scotland-regulations-1975/section-4A",
  "json_url": "https://openlegislation.uk/schools-general-scotland-regulations-1975/section-4A.json",
  "legislation": "uksi/1975/1135",
  "legislation_title": "The Schools General (Scotland) Regulations 1975",
  "legislation_url": "https://openlegislation.uk/schools-general-scotland-regulations-1975",
  "path": "section/4A",
  "kind": "section",
  "number": "4A",
  "heading": "Exclusion from school",
  "text": "(1) Where in relation to any pupil in attendance at any school under the management of an education authority a decision is taken to exclude that pupil from the school, the education authority shall ensure that on the day upon which the decision is taken, intimation of—\n(a) the decision; and\n(b) a date (being a date within the period of 7 days immediately following the date of the decision) and time when and place where the head teacher of the school, other teacher at the school or official of the education authority shall be available to discuss with the parent the decision to exclude the pupil;\nshall be made orally or in writing to the parent of the pupil;\nProvided that where the decision to exclude relates to a pupil who is a young person, such intimation shall be made to him and shall be modified to refer to discussion with him instead of his parent.\n(2) Where in relation to such a pupil, such a decision is taken, the education authority may at any time within the period of 8 days after mentioned or thereafter and as respects such a pupil as is specified in paragraph (3), for the purposes of this paragraph, the education authority shall, within the period of 8 days immediately following the day upon which the decision is taken, ensure that intimation in writing is made to the parent of the pupil, where the pupil is a child, or to the pupil himself, where he is a young person, of—\n(a) the reasons for the decision to exclude;\n(b) the conditions, if any, with which the pupil and his parent or either the pupil or his parent are required to comply or to undertake to comply as conditions precedent to the pupil being re-admitted to the school;\n(c) the right to refer the decision under section 28H of the Education (Scotland) Act 1980 to an appeal committee set up and maintained under section 28D of that Act;\n(d) the address to which such a reference should be made; and\n(e) any other information which the education authority consider appropriate;\nand such intimation may be sent by post or be handed to the parent or where the pupil is a young person, to the pupil by the head teacher or other teacher of the school from which the pupil was excluded or an official of the education authority.\n(3) The following pupils being pupils mentioned in Regulation 4A(1) are hereby specified for the purposes of paragraph (2) namely—\n(a) a pupil who has not been re-admitted to the school from which he was excluded within 7 days of the date of the decision so to exclude him;\n(b) a pupil whose parent has not indicated orally to the head teacher of the school or in writing after receiving intimation in accordance with paragraph (1), within 7 days of that date, that he does not wish to refer the matter to an appeal committee in accordance with section 28H of the Education (Scotland) Act 1980 or otherwise to pursue the matter further;\nProvided that where the pupil is a young person, any reference in this sub-paragraph to the parent of a pupil shall be construed as if it were a reference to the pupil.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 4A inserted (5.4.1983) by The Schools General (Scotland) Amendment (No. 2) Regulations 1982 (S.I. 1982/1735), regs. 1, 4"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1975/1135/section/4A",
    "retrieved_at": "2026-10-29T21:05:30.248953+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}