Education (Mentally Handicapped Children) (Scotland) Act 1974
| Year | 1974 |
Education (MentallyHandicapped Children)(Scotland) Act 1974
1974 CHAPTER 27
An Act to make provision as respects Scotland for discontinuing the ascertainment of mentally handicapped children as unsuitable for education at school, to impose a duty on education authorities to provide for the education of such children whether accommodated in a hospital within the meaning of the Mental Health (Scotland) Act 1960 or otherwise, and for purposes connected therewith.
[17th July 1974]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Mentally handicapped children.
(1) As from such day (‘the appointed day’) as the Secretary of State may appoint by order made by statutory instrument—
(a ) the functions of an education authority under section 63 of the Education (Scotland) Act 1962 , as read with section 10 of the Education (Scotland) Act 1969 , shall cease to exist for the purpose of ascertaining children suffering from a disability of such a nature or to such an extent as to make them unsuitable for education or training, either by ordinary methods or by special education; and
(b ) a local authority shall not, under section 12 of the Mental Health (Scotland) Act 1960 , be subject to a duty to make arrangements for securing the provision of suitable training and occupation for children who suffer from a disability and who are for purposes of the Education (Scotland) Act 1962 of school age;
and, where immediately before the appointed day a decision under section 63(1)(ii) of the said Act of 1962 was in force, section 65 of that Act, both those sections being read with section 10 of the said Act of 1969, shall apply as if the decision had been made, and the examination in consequence of which it was made had been carried out, under sections 63(1)(i), 64 and 65 of the said Act of 1962.
(2) The Secretary of State shall by order make such provision as appears to him to be necessary or expedient in consequence of this Act—
(a ) for the protection of the interests of persons who before the appointed day have been employed for the purpose of functions of health boards or local authorities; and
(b ) for the transfer to education authorities of rights and liabilities in, or on, moveable property of health boards.
(3) The provision to be made under subsection (2)(a ) above shall include provision—
(a ) for the payment by the Secretary of State or by any education authority, subject to such exceptions or conditions as may be prescribed by the order, of compensation to or in respect of any such persons as are referred to in subsection (2)(a ) who suffer loss of employment or loss or diminution of emoluments which is attributable to the...
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