1 Scottish Law Commission Report on Family Law (Scot Law Com No 135, May 1992)
2 Para 2.59 above.
3 S48A of the Education (Scotland) Act 1980 (inserted by s48 of the Education (No.2) Act 1986) does not apply to teachers in private schools in so far as they inflict punishment on pupils whose fees are not paid out of public funds. It is worth emphasising again that s12(7) does not confer any defence. It simply refers to an existing common law defence which would, so far as teachers are concerned, be unaffected by our proposals. The teacher’s right to administer corporal punishment, in so far as it has survived s48A of the Education (Scotland) Act 1980, is an independent right. It is not a parental right or a delegated parental right. It is, in the words of s48A, "a right exercisable by the member of the staff by virtue of his position as such".
4 See e.g. Byrd v Wither 1991 SLT 206 (cohabitant). Cf Children and Young Persons (Scotland) Act 1937, s12(7).