Section 2 Education authorities’ arrangements with independent schoolsI1

The Education (Scotland) Act 1980 is amended as follows.

After section 49(2ZA) insert—

“(2ZB)

Before exercising the power conferred by subsection (2)(b) in respect of a person attending an independent school, an education authority must have regard to the matter mentioned in section 50B.”.

After section 50(1ZA) insert—

“(1ZB)

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

After section 50A insert—

“Sections 49 and 50: provision of residential outdoor education

50B

The matter referred to in sections 49(2ZB) and 50(1ZB) is the extent to which a course of residential outdoor education would be provided to pupils in attendance at the independent school in a manner that would comply with the duty under section 6A(1), if the duties of education authorities under sections 6A(1) and 6B(2) applied in relation to the independent school.”.