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23 Guidance to education authorities as respects discharge of certain functions under 1980 Act
The Scottish Ministers may from time to time give guidance to education authorities as respects the discharge by authorities of--
(a) their functions under the 1980 Act in relation to the provision of school education for pre-school children; and
(b) in so far as relating to those functions, any other functions of education authorities under that Act;
and education authorities shall, in discharging their functions, have regard to any such guidance.
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Guidance to education authorities as respects discharge of certain functions under 1980 Act |
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This section gives Scottish Ministers the power to issue guidance of a general nature to authorities in relation to their duty and power to provide pre-school education. Where such guidance is issued a local authority is required to have regard to it in discharging their functions. |
24 Provision of education for pre-school children by persons other than education authority
An education authority may, for the purpose of securing the provision of school education for pre-school children, enter into arrangements with any person for the provision by that person of such school education.
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Provision of education for pre-school children by persons other than education authority |
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This section allows local authorities to secure pre-school provision by entering into arrangements with other persons, for instance, private or voluntary pre-school centres. |
25 Extension of application of section 51 of 1980 Act
After subsection (3) of section 51 of the 1980 Act (which relates to the provision of transport and other facilities) there shall be added--
"(4) In this section "school" includes any establishment which, though not a school, provides nursery classes.".
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Extension of application of section 51 of 1980 Act |
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Under section 51 of the 1980 Act local authorities are under a duty to provide transport to school children in particular circumstances. This section extends the general duty to provide transport where the authority considers it necessary in relation to children receiving pre-school education, whether in a school or elsewhere. |
26 Inspection of establishments providing nursery classes
In section 66 of the 1980 Act (inspection of educational establishments), for subsection (1A) substitute--
"(1A) Without prejudice to subsection (1) above, the Scottish Ministers shall have power to cause inspection to be made at any establishment which, though not a school, provides nursery classes by virtue of subsection (1), or as the case may be (1B), of section 1 of this Act; and such inspections shall be made by Her Majesty's Inspectors or any such person (or Her Majesty's Inspectors and any such person).".
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Inspection of establishments providing nursery classes |
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This section amends section 66 of the 1980 Act and provides for the inspection of all publicly-funded pre-school centres. |
Grants
27 Grants in respect of activities relating to school education
(1) The Scottish Ministers may make grants to persons who, to any extent, undertake, or engage in, activities relating to school education (or propose to undertake or engage in such activities).
(2) The Scottish Ministers may make the payment of a grant in pursuance of subsection (1) above subject to such conditions and requirements (including a requirement that the whole or any part of a grant be repaid) as they think fit.
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Grants |
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Grants in respect of activities relating to school education |
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This section allows Scottish Ministers to make grants to anyone engaged to any extent in activities concerned with school or pre-school education. This is intended to allow funding of cross-cutting services such as those related to both pre-school provision and child care. |
Placing requests
28 Placing requests: extent of education authority's duty
(1) The 1980 Act shall be amended in accordance with this section.
(2) In section 28A(1) (which relates to the duty to comply with a placing request), after "school", where it secondly occurs, there shall be inserted "(other than a nursery school or a nursery class in a school)".
(3) In section 28C (which relates to the reference to an appeal committee of a refusal of a placing request), subsection (2) is repealed.
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Placing requests |
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Placing requests: extent of education authority's duty |
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This section provides that parents of pre-school children may not make placing requests under the statutory scheme provided in the 1980 Act. This is consistent with the new flexible arrangements which allow local authorities to secure pre-school services from the private and voluntary sectors, as well as making provision at their own hand. |
29 Further provision as respects placing requests
In section 28A(3)(a) of the 1980 Act (which sets out certain exceptions to the duty of an education authority to accede to a parent's request that a child be placed in a specified school under their management), after sub-paragraph (v) there shall be added-
"or
(vi) assuming that pupil numbers remain constant, make it necessary, at the commencement of a future stage of the child's education, for the authority to elect either to create an additional class (or an additional composite class) in the specified school or to take an additional teacher into employment at that school;".
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Further provision as respects placing requests |
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This section amends section 28A(3)(a) of the 1980 Act to include an additional ground on which a local authority may refuse a placing request. The additional ground is that granting the request would require the formation of an additional class or the appointment of an additional teacher at a future stage of the child's education. |
General
(1) In this Act--
"the 1980 Act" means the Education (Scotland) Act 1980 (c. 44);
"land" includes buildings and other structures, interests in land (within the meaning of the Land Registration (Scotland) Act 1979 (c. 33)), land obligations (as defined in section 2(6) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35) and any other rights in, or liabilities relating to, land;
"moveable property" includes moveables heritable by accession; and
"pre-school children" means--
(a) children who are under school age; and
(b) children who--
(i) have attained school age; but
(ii) have not commenced attendance at a primary school (other than in a
nursery class).
(2) Any expression used in this Act and in the 1980 Act has the same meaning in this Act as in that Act.
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General |
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Interpretation |
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This section defines various terms used in the Bill. |
(1) The Scottish Ministers may, by statutory instrument, make regulations prescribing standards and requirements to which an education authority shall conform in discharging the authority's functions under this Act.
(2) Regulations under this section may make different provision as to different cases or circumstances.
(3) A statutory instrument made in the exercise of the powers conferred by this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
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Regulations |
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This section gives Scottish Ministers a general power to make regulations regarding authorities' functions under the Bill. |
(1) The enactments specified in schedule 2 to this Act shall have effect subject to the amendments and repeals specified in that schedule, being amendments and repeals which are either minor or are consequential upon the provisions of this Act.
(2) There are also repealed, to the extent specified in the third column of schedule 3 to this Act, the enactments mentioned in that schedule.
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Amendments and repeals |
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This section provides for repeals and amendments consequential on the main provisions of the Bill. |
33 Short title and commencement
(1) This Act may be cited as the Improvement in Scottish Education Act 1999.
(2) There shall come into force on Royal Assent--
(a) this section;
(b) section 17 of this Act; and
(c) in so far as relating to sections 13 to 22 and 24 of, and schedules 3 to 5 to, the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), section 32(2) of, and schedule 3 to, this Act,
and the other provisions of this Act shall come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.
(3) Different days may be so appointed for different provisions and for different purposes.
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Short title and commencement |
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This section gives the title of the Bill and provides for its commencement. |
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