تقرير الاجتماع السابع للجنه الفرعية للبرامج المنبثقة عن اللجنة الاقليمية
After section 28 of the Education (Scotland) Act 1980 (in this Act referred to as “the principal Act”) there shall be inserted the following sections—.
Before Schedule 1 to the principal Act there shall be inserted the Schedule set out in Schedule 1 to this Act which shall form Schedule Al to that Act.
In section 28 of the principal Act, subsection (2) (selection of courses of secondary education) shall cease to have effect.
In section 135(1) of the principal Act (interpretation) there shall be inserted at the appropriate respective places in alphabetical order the following definitions— and “specified school” has the meaning assigned to it by section 28A(1) and (2) of this Act;
In section 42 of the principal Act (reasonable excuses for non-attendance at school)—
in subsection (1), after the word “shall” there shall be inserted the words “,subject to subsection (1A) below,”; and
after subsection (1) there shall be inserted the following subsection—.
In section 50 of the principal Act (education of pupils in exceptional circumstances)—
in subsection (1), after the word “authority”, where secondly occurring, there shall be inserted the words “, in a case where subsection (3) applies, may and, in any other case, subject to subsection (4) below,”; and
after subsections (2) there shall be inserted the following subsections—.
In section 51 of the principal Act (provision for transport of pupils and other facilities)—
in subsection (1), after the word “authority”, where it first occurs, there shall be inserted the words “, in a case to which subsection (2A) below applies, may and, in any other case, subject to subsection (2B) below”; and
after subsection (2) there shall be inserted the following subsections—.
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for sub-paragraph (ii) of paragraph (a) there shall be substituted the following sub-paragraph—and
for paragraph (c) there shall be substituted the following—.
The enactments in Part I of Schedule 2 to this Act shall have effect subject to the amendments specified there.
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The enactments specified in Part II of Schedule 2 to this Act shall have effect subject to the amendments specified there.
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After section 75 of the principal Act there shall be inserted the following sections—.
In section 135(1) of the principal Act in the definition of “grant-aided school”—
after the word “than” there shall be inserted “(a)”; and
after the word “Regulations,” there shall be inserted the words “and (b) sums paid under a scheme under section 75A of this Act, or by virtue of section 75B of this Act,”.
After Schedule 1 to the principal Act there shall be inserted the Schedule set out in Schedule 4 to this Act which shall form Schedule 1A to that Act.
After Section 22 of the principal Act there shall be inserted the following sections—.
For subsection (2) of section 17 of the principal Act (power of education authority to provide new denominational school when Secretary of State is satisfied that one is required) there shall be substituted the following subsection—.
In section 22 of that Act—
in subsection (4) (power to discontinue denominational school or to make it a non-denominational school)—
the words from “the authority” to “signifies” shall cease to have effect; and
after the word “shall” there shall be inserted the words “subject to sections 22A, 22B, 22C and 22D of this Act”; and
in proviso (ii) to that subsection—
for the words “Secretary of State”, where first occurring, there shall be substituted the word “authority”;
the words from “if”, where secondly occurring, to “signifies” shall be omitted; and
after the word “shall” there shall be substituted the words “subject to sections 22A, 22B, 22C and 22D of this Act”.
In section 7 of the principal Act (provision of educational facilities to be in accordance with schemes) subsections (1) to (3) and (8) shall cease to apply in relation to school education and, accordingly—
in that section—
after subsection (1)(b), there shall be inserted the following paragraph—;
subsection (1)(c) shall cease to have effect;
in subsection (2), for the words “their powers and duties under the foregoing provisions of this Act” there shall be substituted the words “those of their functions which fall under subsection (1) above to be performed in accordance with schemes”;
in subsection (4), for the words “any scheme for” there shall be substituted the words “their functions under the foregoing provisions of this Act in relation to”;
in subsection (6), for the words “In the preparation of any scheme for” there shall be substituted the words “In the performance of their functions under the foregoing provisions of this Act in relation to”;
in subsection (8), the words “school or” shall cease to have effect; and
in section 17 of that Act—
in subsection (1), after the word “authority” there shall be inserted the words “, in the performance of their functions under sectins 1 to 6 of this Act,”; the words from “in accordance” to “the area” shall cease to have effect; and for the words from “carry” to the end there shall be substituted the words “perform their said functions”;
in subsection (3), for the words from “carry” to the end there shall be substituted the words “enable them to perform their functions under sections 1 to 6 of this Act.”.
Section 29 of the principal Act (transfer schemes) shall cease to have effect.
Notwithstanding subsections (1) and (2) above, any provision of any scheme made under section 7 of the principal Act in relation to school education or under section 29 of that Act and approved by the Secretary of State under section 69 of that Act shall, to the extent that it relates to a matter in respect of which arrangements may be made by the authority in the exercise of their functions under that Act, continue to have effect as if it had been made as part of those arrangements.
In section 98 of the principal Act (registration of independent schools)—
in subsection (1)—
the word “and” at the end of paragraph (a) shall be omitted;
at the end of paragraph (b) there shall be inserted—and ;
the word “and”at the end of proviso (i) shall be omitted;
at the beginning of proviso (ii) there shall be inserted the words “Subject to subsection (1A) below,”; and
after subsection (1) there shall be inserted the following subsection—.
After subsection (2) of section 98 of the principal Act (offences relating to registration of independent schools) there shall be inserted the following subsection—.
In Schedule 2 to the principal Act (constitution of independent schools tribunals)—
paragraphs 1 and 3 shall cease to have effect;
in paragraph 2 for the words “the educational panel” there shall be substituted the words “an Independent Schools Tribunal by the Secretary of State under paragraph 4 below”; and
in paragraph 4 the words “from the educational panel” and the words from “of whom” to the end of the paragraph shall cease to have effect.
After section 14 of the principal Act there shall be inserted the following section—.
Section 129 of the principal Act (establishment of Board to conduct examinations, etc) shall be amended in accordance with this section.
In subsection (2) of the said section 129, for the words “to give to the Board” there shall be substituted the words “,after consultation with the Board, to give to them”.
In subsection (3) of the said section 129—
after the word “authorities” there shall be inserted the words “institutions of further education,”;
the words “governing bodies of”, in both places where they occur, shall be omitted;
after the words “directors of education” there shall be inserted the words “, educational advisers,”;
the word “and”, where secondly occurring, shall be omitted; and
there shall be inserted at the end the words “and grant-aided and independent schools.”.
In subsection (4) of the said section 129—
after paragraph (b) there shall be inserted the following paragraph—;
in paragraph (c) there shall be inserted at the end the words “, for requiring the Board to ensure that adequate financial provision is made by them for such purposes as may be specified in a direction made by the Secretary of State after consultation with the Board, for requiring the submission by the Board of estimates of their income and expenditure to such body as the Secretary of State may determine (and notify to the Board) as appearing to him to be representative of local authority interests and for enabling that body to approve these estimates and for requiring the Board to obtain the prior approval of the Secretary of State to the incurring of expenditure by them in respect of the acquisition of land”; and
paragraph (e) shall be omitted.
After subsection (4) of the said section 129 there shall be inserted the following subsections—
Subsection (5) of the said section 129 shall cease to have effect.
Subsection (6) of the said section 129 shall, until its repeal under subsection (8) below, have effect and shall be deemed always to have had effect as if at the end there were inserted the words “and he may make these grants subject to such conditions as he thinks fit and may, with the consent of the Board, vary any condition of a grant made by him under this section or, if he thinks fit, revoke it.”.
Subsection (6) of the said section 129 shall cease to have effect.
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For sections 91 to 97 of the principal Act there shall be substituted the following sections—.
After Schedule 1 to the principal Act there shall be inserted the Schedule set out in Schedule 5 to this Act which shall form Schedule 1B to that Act.
Schedule 6 to this Act (which contains amendments of the principal Act relating to educational endowments) shall have effect.
Subsection (2) of section 66 of the principal Act (exclusion of religious instruction from inspection under section 66(1)) shall cease to have effect.
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In section 5(1) of the Teaching Council (Scotland) Act 1965 (duties of General Teaching Council in relation to colleges of education) after the words " Act of 1962 " there shall be inserted the words " or section 7 of this Act ", and after the words " section 81 " where secondly occurring there shall be inserted the words " or the said section 7 ".
Subsection (1) of section 7 of the said Act of 1965 (conditions as to qualifications for admission to teacher training courses and for recommendations for registration under that Act) shall have effect as if—
after the word "prescribing" there were inserted the words " or providing for the determination of " , and shall be deemed to have had effect thus since it came into force; and
after the word " regulations" there were inserted " (a) " and at the end there were inserted the words " (b) prescribing or providing for the determination of the content of courses of training to be a teacher. and shall be deemed to have had effect thus since the substitution of section 81(3) of the Education (Scotland) Act 1962 by the Education (Scotland) Act 1969.
The power of appointing the Principal of each of the Universities of St. Andrews, Glasgow and Aberdeen shall be transferred from Her Majesty to the respective University Courts of those Universities.
In Part III of Schedule 2 to the Universities (Scotland) Act 1966 (powers of University Court exercisable in accordance with procedure prescribed by those Courts) there shall be inserted, after paragraph 3, the following paragraph—.
Nothing in this section affects any appointment made before this section has come into force.
There shall be defrayed out of moneys provided by Parliament—
any expenses incurred by the Secretary of State under this Act; and
any increase attributable to this Act in the sums payable out of such moneys under any other Act.
In this Act, “the principal Act” means the Education (Scotland) Act 1980.
The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments there specified being minor amendments and amendments consequential upon the provisions of this Act.
The transitional provisions set out in Schedule 8 to this Act shall have effect.
The enactments specified in Schedule 9 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Education (Scotland) Act 1981.
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be so appointed for different provisions and for different purposes.
An order under subsection (2) above may contain such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force.
This Act applies to Scotland only.
Section 1. Appeal Committees
An appeal committee set up under section 28D(1) of this Act shall be constituted in accordance with this Schedule.
An appeal committee shall consist of 3, 5 or 7 members nominated by the authority from among persons appointed by the authority under this Schedule; and sufficient persons may be appointed to enable 2 or more appeal committees to sit at the same time.
The persons appointed shall comprise—
members of the authority or of the education committee of the authority; and
persons who are not members of the authority or of the education committee of the authority but are— but shall not include any person employed by the authority as director of education or as an educational adviser or, in the offices of such director or such an adviser, as an assistant (in any capacity) to such director or, as the case may be, such an adviser.
parents of children of school age;
persons who in the opinion of the authority have experience in education; or
persons who in the opinion of the authority are acquainted with the educational conditions in the area of the authority;
The members of an appeal committee who are members of the authority or of the education committee of the authority shall not outnumber the other members of the appeal committee by more than one.
A person who is a member of the education committee of the authority shall not be chairman of an appeal committee.
A person shall not be a member of an appeal committee for the consideration of a reference of a decision if he was among those who made the decision or took part in or was present at discussions as to whether the decision should be made.
A person who is— shall not be a member of an appeal committee for consideration of a reference involving a question whether a child is to be placed in the specified school or excluded from the relevant school.
a teacher at a relevant school (within the meaning of paragraph 8 below);
a pupil at such a school;
a parent of a pupil at such a school; or
a member of a school council having functions in relation to such a school
For the purposes of paragraph 7 above, “relevant school” means in relation to a reference to the appeal committee—
the school which the child to whom the placing request relates attends;
the specified school;
the school which the education authority propose that the child to whom the placing request relates should attend;
a school from which pupils are normally transferred to the school referred to in sub-paragraph (b) or (c) above; or
the school from which the pupil has been excluded.
An appeal committee constituted in accordance with this Schedule shall be included in the bodies to which sections 45(4) and 46 of the Local Government (Scotland) Act 1973 (allowances) apply.
Sections 3 and 4.
The principal Act shall be amended in accordance with the following provisions of this Schedule.
In section 4 (duty of education authorities to provide child guidance service)—
for paragraph (a) there shall be substituted the following—;
in paragraph (b) the words “and training” shall be omitted; and
in paragraph (c) the word “the” shall be omitted and for the words “of special education for” there shall be substituted the words “for the special educational needs of”.
Sections 5 (special education for children with certain disabilities) and 59 (classification and educational arrangements for pupils requiring special education) shall cease to have effect.
In section 135 (interpretation)—
in subsection (1)—
the definition of “special education” shall be omitted;
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for the definition of " special school" there shall be substituted the following—and
in subsection (2)—
in paragraph (a), after the word “kind” there shall be inserted “(i)”;
after paragraph (a) there shall be inserted the following— “ ; and (ii) which is, in the case of a pupil with special educational needs, within the provision made for the purpose of meeting his special educational needs until he is transferred to the stage of secondary education; ”;
in paragraph (b), after the word “kind” there shall be inserted “(i)”; and
; and (ii) which is, in the case of a pupil with special educational needs, within the provision made for the purpose of meeting his special educational needs until he ceases to be of school age or to receive school education, whichever is the later.
“special school” means a school making provision wholly or mainly for recorded children, and includes special classes forming part of primary schools or secondary schools and child guidance clinics;
In section 38 (attendance orders) for paragraph (b) of subsection (2) there shall be substituted the following—.
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In paragraph 3 of Schedule 3 for the words “special education” there shall be substituted the words “provision for recorded children”.
In paragraph 4 of Schedule 3 for the words from “paragraph (i)” to the end of the paragraph there shall be substituted the words “subsection (2) of that section) to record the child.”.
Section 4. Application of Certain Provisions of this Act to Recorded Children and Young Persons
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Section 5. Revocation of Determinations for the Purposes of the Assisted Places Scheme
The proprietors or managers of a participating school may request the Secretary of State to revoke the determination by giving him three years written notice or such shorter notice as he may in any particular case accept.
On the expiry of the period of notice referred to in paragraph 1 above the Secretary of State shall revoke the determination.
Subject to paragraph 4 below, the Secretary of State may revoke a determination in respect of a school by giving three years written notice to the proprietors or managers of the school.
If the Secretary of State— he may at any time revoke the determination by written notice to the proprietors or managers of the school. A notice of revocation of a determination given under this paragraph may provide that it shall be treated as of no effect if the proprietors or managers of the school satisfy the Secretary of State within such time as may be specified in the notice that they have complied with any condition specified therein.
A notice of revocation of a determination given under paragraph 3 or 4 above shall contain a statement of the reasons for which it is given.
Revocation of a determination shall not affect the operation of— in relation to any pupil holding an assisted place at the school on the date of the revocation.
the determination;
the scheme in relation to which the determination was made; or
any regulations made under section 75A or 75B of this Act,
Section 14. Remuneration of Teaching Staff: The Committee
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appoint from among its own members, a sub-committee—
to discharge such of the functions of the committee as the committee may specify ; or
to advise the committee on any matter relating to the discharge of the functions of the committee: Provided that any person so appointed shall, upon ceasing to be a member of the committee, cease also to be a member of the sub-committee ;
appoint a chairman from among its own members and revoke the appointment of his predecessor, if any;
subject to the provisions of this Act, make, vary or revoke standing orders— but subject to any such standing orders and to the provisions of this Act the quorum, procedure and place of meeting of the committee or of any of its sub-committees shall be such as the committee, or in respect of itself the subcommittee, may determine.
regulating the quorum, procedure and place of meeting of the committee or of any of its sub-committees ; or
regulating the manner in which any dispute relating to procedure, or the interpretation of standing orders made under this sub-paragraph or the following paragraph, is to be resolved ;
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employ servants or agents ;
acquire or dispose of any property or rights ;
sell, at such price as the committee may consider appropriate, to any person or body anything published, under the provisions of sections 91 to 97D of this Act, by the committee ; Provided that nothing in this sub-paragraph shall authorise any charge to be made in respect of any copy the transmission of which is required under the said provisions ; and
make provision for the resolution of any dispute between teaching staff and their employers as to the meaning or application of—
any settlement which the committee may formulate ; or
any award which under section 97B(8) or (9) of this Act has the same effect as such a settlement,
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Section 15.
The principal Act shall be amended in accordance with the following provisions of this Schedule.
In section 77 (regulations with respect to certain institutions providing further education)—
in subsection (1)—
after paragraph (b) there shall be inserted the following paragraph—; and
after sub-paragraph (vi) there shall be inserted the following sub-paragraph—.
In section 104 (register of educational endowments)—
in subsection (1), for the words from the beginning to “Registrar”, where secondly occurring, there shall be substituted the words “It shall be the duty of the Secretary of State”; and
in subsection (2)—
the words from “within” to “operation,” shall be omitted;
for the word “Registrar” there shall be substituted the words “Secretary of State”; and
at the end there shall be inserted the words “in such manner as may be so prescribed”.
In section 105 (schemes for reorganisation of educational endowments)—
in subsection (1) for the words “the Secretary of State shall have power to” there shall be substituted the words “an education authority, whether upon an application made to them or not, may, if they think fit.”;
in subsection (1)(b) for the words “Secretary of State thinks” there shall be substituted the words “education authority think ”;
for the words “Secretary of State”, where subsequently occurring, there shall be substituted the words “education authority ”;
Provided that in considering whether to exercise, in relation to any endowment, the power conferred upon them by this subsection an education authority may have regard to whether the exercise of the power would prejudice the proper discharge by them of their functions under this Act apart from this section or their functions as local authority under any enactment.
in subsection (4), after paragraph (d) there shall be inserted the following—, or ;
Provided that this subsection shall not apply to an endowment which falls within paragraph (e) above solely by reason of the inclusion among its purposes of the award of prizes, bursaries or similar benefits to persons who attend or have attended educational establishments or other institutions not managed by an education authority.
after subsection (4) there shall be inserted the following subsections—;
subsection (5) shall be omitted; and
after subsection (6) there shall be inserted the following subsection—.
after subsection (6) there shall be inserted the following subsection—.
In section 106 (sale of land belonging to educational endowments)—
in subsection (1)—
for the words “Secretary of State”, where first occurring, there shall be substituted the words “Court of Session”; and
for the words “he may by order direct” there shall be substituted the words “the Court may order ”; and
in the proviso to subsection (1)—
for the words “direction shall be given” there shall be substituted the words “order shall be made”; and
for the words “Secretary of State” there shall be substituted the word “Court”.
In section 107 (educational endowments applicable in part to non-educational purposes)—
in subsection (1), for the words “within the meaning of this Part of this Act” there shall be substituted the words “to which the powers conferred by section 105 of this Act extend”;
in subsection (2)—
for the words “Secretary of State” there shall be substituted the words “education authority having power to exercise, in relation to that endowment, the functions conferred by section 105 of this Act”; and
for paragraphs (ii) to (iv) there shall be substituted the following paragraph—;
in subsection (3)—
for the words “Secretary of State”, where first occurring, there shall be substituted the words “education authority ”; and
for the words “such number of years as the Secretary of State shall determine” there shall be substituted the words “the five most recent years for which accounts are available”; and
in subsections (5), (6) and (7), for the words “Secretary of State”, wherever occurring, there shall be substituted the words “education authority”.
In section 108 (reorganisation of non-educational endowments)—
in subsection (1)—
for the words “dealt with by the Secretary of State” there shall be substituted the word “reorganised”; and
for the words from “intimate” to the end there shall be substituted the words “present a petition to the Court of Session to give effect to a draft scheme for the future government and management of the endowment and thereafter such endowment may be dealt with in all respects as if it were included amongst those specified in section 105(4) of this Act.”; and
subsection (2) shall be renumbered section 108A (Court’s power to give effect to reorganisation scheme on petition of Lord Advocate) and in that section—
for the words " subsection (1) above " there shall be substituted the words " section 108 of this Act ";
for the words " framed " and " frame " there shall be substituted respectively the words " made " and " make " ; and
the words from " which is not" to " Act " shall be omitted.
for the words “subsection (1) above” there shall be substituted the words “section 108 of this Act ”;
for the words “framed” and “frame” there shall be substituted respectively the words “made” and “make”; and
the words from “which is not ” to “Act ” shall be omitted.
In section 109 (provisions regarding interests of individuals), in subsection (1) for the words “the Secretary of State” there shall be substituted the words “made under this Part of this Act, the education authority or, as the case may be, the Court”.
In section 110 (provisions as to beneficiaries of endowments and teachers)—
for the words “Secretary of State”, wherever occurring, there shall be substituted the words “education authority ”;
in subsection (1)—
for the words “framing a” there shall be substituted the words “preparing a draft ”;
in paragraph (a) after the word “to” there shall be inserted the words “educational need”; and
in paragraph (b), for the words "where he considers it expedient to do so " there shall be substituted the words " unless in any particular case they consider it inexpedient to do so, ";
for the words from the beginning of subsection (2) to “the scheme” where occurring in the proviso to that subsection there shall be substituted the words “Every scheme for an educational endowment ”;
in paragraph (b), for the words “where he considers it expedient to do so” there shall be substituted the words “unless in any particular case they consider it inexpedient to do so,”;
subsection (3) shall be omitted; and
in subsection (4), after the word “scheme” there shall be inserted the words—.
In section 111 (accounts and audit of educational endowments)—
in subsection (1), the words “in such manner as the Secretary of State may prescribe”, in subsection (2), the words from “in such form” to the end, in subsection (3), the words from “with the approval” to “Privy Council” and subsections (4) and (5) shall be omitted; and
in subsection (6), for the words from the beginning to “applies” there shall be substituted the words “The governing body of each endowment to which this section applies shall make the audited accounts of that endowment”.
In section 112 (procedure in preparation of reorganisation schemes)—
in subsection (1)—
for the words “the Secretary of State”, where first occurring, there shall be substituted the words “an education authority”;
for paragraph (b) and the word “and” immediately preceding it there shall be substituted the following paragraphs—;
for the words from " from " to " scheme " there shall be substituted the words " the first notice of the draft scheme given by the authority under paragraph (b) above "; and
for the words " Secretary of State ", where secondly occurring, there shall be substituted the words " education authority ";
after subsection (1) there shall be inserted the following subsections—;
for the words from “from” to “scheme” there shall be substituted the words “the first notice of the draft scheme given by the authority under paragraph (b) above”; and
in subsection (2)—
for the words from “him” to “statutory instrument” there shall be substituted the words “them, the education authority may, by resolution of the authority authorising their proper officer to sign the scheme on their behalf,”;
for the word “published” there shall be substituted the words “of which notice has been given”; and
at the end there shall be inserted the words “and on doing so shall notify the date of commencement of the scheme to the governing body of the endowment.”;
for the words “Secretary of State”, where secondly occurring, there shall be substituted the words “education authority ”;
in subsection (3)—
for the words “him, the Secretary of State” there shall be substituted the words “them, the education authority ”;
after the word “amendments” there shall be inserted the words “, shall if any of them were sent by any of the persons mentioned in subsection (7) below, hold a public local inquiry into such of them as are not withdrawn”;
for the words “he thinks”, where twice occurring, there shall be substituted the words “they think ”; and
for the words “frame a” there shall be substituted the words “, by resolution of the authority authorising their proper officer to sign the scheme on their behalf, make the”;
after subsection (3) there shall be inserted the following subsections—;
in subsection (4)—
for the words “the Secretary of State frames” there shall be substituted the words “an education authority make”.
for the word “he”, where first occurring, there shall be substituted the word “they ”;
for the word “his”, where twice occurring, there shall be substituted the word “their ”;
for paragraphs (c) and (d) there shall be substituted the following paragraph—;
for subsection (5) there shall be substituted the following subsections—;
subsection (6) shall be omitted;
for subsection (7), there shall be substituted the following subsection—;
in subsection (8)—
for the words from “Secretary of State” to “he thinks”, where secondly occurring, there shall be substituted the words “education authority shall rescind their decision to make the scheme but may, if they think fit, make an amended scheme in such form as they think ”; and
for the word “framed”, where twice occurring, there shall be substituted the word “made”; and
in subsection (9)—
for the words “the Secretary of State causes” there shall be substituted the words “an education authority cause”;
for the word “published” there shall be substituted the word “publicised”; and
for the words “he” and “his” there shall be substituted respectively the words “they ” and “their ”.
Section 113 (procedure in preparation of certain re-organisation schemes) shall be omitted.
In section 114 (effect of schemes)—
in subsection (1)—
for the word “approved” there shall be substituted the words “given effect to”;
the words from “come” to “shall”, where secondly occurring, shall be omitted; and
for the words “said date” there shall be substituted the words “date of commencement of the scheme”:
in subsection (2)—
for the words from the beginning to “approving” there shall be substituted the words “An instrument containing or giving effect to”;
after the word “shall”, where first occurring, there shall be inserted the words “, from the date of commencement of the scheme,”; and
after the word “not” there shall be inserted the words “, from the said date,”; and
after subsection (2) there shall be inserted the following subsection—.
Sections 115 (schemes for small endowments) and 116 (amending schemes) shall be omitted.
In section 117 (costs of publishing scheme etc.)—
for the word “publishing” there shall be substituted the word “publicising”; and
the proviso shall be omitted.
For section 118 (reports by governing bodies) there shall be substituted the following section—.
After section 118 there shall be inserted the following section—.
In section 120 (default by governing body)—
at the beginning there shall be inserted “(1)”;
after the word “endowment” there shall be inserted the words “to which section 105 of this Act does not extend”;
after the words “Part of this Act” there shall be inserted the words “prior to the commencement of section 15 of the Education (Scotland) Act 1981”; and
at the end there shall be inserted the following subsection—
In section 121 (judgment of Court of Session final)—
in paragraph (a), after the word “Court” there shall be inserted “other than one giving effect under section 105(4) of this Act to a draft scheme for the future government and management of an endowment or the Carnegie Trust”; and
the words “(including the expenses of the Secretary of State)” in paragraph (b) and the proviso to that paragraph shall be omitted.
In section 122 (interpretation) for the words “Secretary of State” in subsection (2) there shall be substituted the words “Court of Session”.
Section 21.
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In section 16(2) of the principal Act (conveyance of transferred denominational school)—
after the word “effected” there shall be inserted the word “(a)”,
; or
at the end there shall be inserted the words “or, as the case may be, registration”.
In section 22(1) of that Act (discontinuance and moves of educational establishments) the words from “and to” to “thereto” and the words “with the sanction of the Secretary of State” shall cease to have effect.
In section 23(1) of that Act (power to provide education for pupils belonging to areas of other authorities) there shall be inserted at the end the words “or of a local education authority in England and Wales”.
In section 23(3) of that Act (areas to which classes of pupils are deemed to belong) after the words “this section” there shall be inserted the words “and sections 1(5)(c) and (d), 28A(1) (as it has effect under Schedule A2 to this Act), 50, 51 and 60 to 65F of this Act.”.
After section 23(6) of that Act, there shall be inserted the following subsection—.
Section 21.
Any reference in any enactment or other instrument passed or made before the commencement of section 4 of this Act to special education shall be construed as a reference to provision for special educational needs made in special schools.
During any period— there shall be substituted for the said paragraph (d) the following paragraph— .
after the date of the coming into force of the provision of section 1(1) of this Act inserting into the principal Act the provision which becomes paragraph (d) of section 28A(3) of that Act; but
before the date when section 4 of this Act comes into force,
During any period— the said sections 28C and 28E shall not apply in respect of a decision of an education authority refusing a placing request made in respect of a child who has been ascertained as requiring special education.
after the date of the coming into force of the provision of section 1(1) of this Act inserting into the principal Act the provisions which become sections 28C and 28E of that Act; but
before the date when section 4 of this Act comes into force,
During the period of three years beginning with the date when section 4 of this Act comes into force—
a child who has before that date been ascertained under the principal Act as originally enacted as requiring special education or to whom a decision referred to in paragraph 4 of Schedule 3 to that Act (transitional provisions) relates shall be deemed for the purposes of the provisions of that Act substituted by this Act to be a recorded child until the education authority shall have, in compliance with sub-paragraph (b) below, reached a decision on whether or not to record him;
notwithstanding that a child is deemed under sub-paragraph (a) above to be a recorded child, the education authority shall perform their duties under sections 60 to 62 of the principal Act as substituted by section 4 of this Act in relation to him as if he were not a recorded child;
sections 63 and 64 of the principal Act and section 61 of that Act as applied by section 63 thereof, all as originally enacted, shall have effect subject to such modifications as the Secretary of State may prescribe by regulations made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament;
sections 28C, 28E and 28F of the principal Act and sections 63 to 65 of the principal Act as substituted by this Act shall not apply in relation to a child who is deemed under sub-paragraph (a) above to be recorded.
Any consultation made or other thing done by an education authority for the purposes of their functions under Part I of the principal Act before the making of regulations under section 22A(2) of the principal Act which would if made or done after the making of those regulations be consultation for the purposes of section 22A(1) of the principal Act or part of the process of such consultation shall be deemed to be such consultation or, as the case may be, a part of the process of such consultation.
Any— which could be made or done under a provision of that section as amended by this Act shall, notwithstanding the repeal of that paragraph by this Act, be as valid as if made or done under that provision.
appointment made under paragraph (e) of subsection (4) of section 129 of the principal Act;
other thing done under that paragraph
Any expression used in this Schedule and in the principal Act shall in this Schedule have the same meaning as it has in that Act.
Section 21. Chapter Short title Extent of repeal 1980 c. 44 The Education (Scotland) Act 1980. In section 4, in paragraph (b), the words “and training”, and in paragraph (c) the word “the”. Section 5. Section 7(1)(c). In section 7(8), the words “school or”. In section 17(1), the words from “in accordance” to “the area”. In section 22, in subsection the words from “and to” to “thereto” and the words “with the sanction of the Secretary of State” and, in subsection (4), the words from “the authority” to “signifies”, and in proviso (ii) the words from “if”, where secondly occurring, to “signifies”. In section 23, in subsection (2), the words from “or the managers of” to “that authority”, the words “or the managers, as the case may be,” and “or by the authority and the managers concerned, as the case may be” and the proviso to that subsection. Section 28(2). Section 29. Section 59. Section 66(2). In section 98(1), the word “and” at the end of paragraph (a) and at the end of proviso (i). In section 104(2), the words from “within” to “operation,” Section 105(5). In section 108(2), the words from “which is not ” to “Act ”. Section 110(3). In section 111, in subsection (1) the words “in such manner as the Secretary of State may prescribe”; in subsection (2) the words from “in such form” to the end; in subsection (3) the words from “with the approval” to “Privy Council”; and subsections (4) and (5). Section 112(6). Section 113. In section 114(1), the words from “come” to “shall”, where secondly occurring. Sections 115 and 116. In section 117, the proviso. In section 121(b) the words “(including the expenses of the Secretary of State)” and the proviso to that paragraph. In section 129, in subsection (3), the words “governing bodies”, in both places where they occur and the word “and” where secondly occurring; in subsection (4), paragraph (e); and subsections (5) and (6). Section 132(1). In section 135(1), the definition of “special education”. In Schedule 2, paragraphs 1 and 3 and in paragraph 4 the words “from the educational panel” and the words from “of whom” to the end of the paragraph.