Education (Scotland) Act 1962
Education (Scotland) Act, 1962
(10 & 11 Eliz. 2) CHAPTER 47
An Act to consolidate the enactments relating to education in Scotland.
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:—
Part I
Provision of Education by Education Authorities
Primary, Secondary and Further Education
1 Provision of educational facilities by educationauthorities.
(1) It shall be the duty of every education authority to secure that adequate and efficient provision is made throughout their area of all forms of primary, secondary and further education.
(2) The Secretary of State may make regulations prescribing the standards and general requirements to which every education authority shall conform in exercising their functions under the foregoing subsection.
(3) Primary, secondary and compulsory further education provided in public schools and junior colleges under the management of an education authority shall be without payment of fees:
Provided that if the authority think it expedient they may charge fees in some or all of the classes in a limited number of primary and secondary schools, so, however, that the power to do so may be exercised only where it can be exercised without prejudice to the adequate provision of free primary and secondary education in public schools in which no fees are charged, or in other schools the managers of which agree, in respect of such payment by the education authority as may be agreed, to admit and educate pupils free of charge on the nomination of the education authority.
(4) It shall be the duty of an education authority to secure that the facilities for primary, secondary and further education provided for their area include adequate facilities for recreation and social and physical training.
(5) It shall be the duty of an education authority to make or otherwise secure adequate and suitable provision for the technical education of blind persons ordinarily resident in their area who are capable of receiving and being benefited by such education.
(6) It shall be lawful for an education authority to provide a child guidance service in child guidance clinics or elsewhere. The function of the service shall be to study handicapped, backward and difficult children, to give advice to parents and teachers as to appropriate methods of education and training and in suitable cases to provide special educational treatment for such children in child guidance clinics.
2 Primary education.
(1) Subject to section five of this Act primary education shall be given in primary schools or departments.
(2) In this Act ‘primary education’ means progressive elementary education in such subjects as may be prescribed in that behalf in regulations made under subsection (2) of the last foregoing section, regard being had to the age, ability and aptitude of the pupils concerned, and includes—
(a ) training by appropriate methods in schools and classes (hereinafter referred to as ‘nursery schools’ and ‘nursery classes’) for pupils between the age of two years and such later age as may be permitted by the said regulations;
(b ) special educational treatment;
(c ) the teaching of Gaelic in Gaelic speaking areas.
(3) The provision of primary education in nursery schools and nursery classes shall be deemed to be adequate if such provision is made at centres where sufficient children whose parents desire such education for them can be enrolled to form a school or class of a reasonable size.
3 Secondary education.
(1) Subject to section five of this Act secondary education shall be given in secondary schools or departments.
(2) In this Act ‘secondary education’ means progressive courses of instruction of such length and in such subjects as may be approved in terms of the regulations made under subsection (2) of section one of this Act as appropriate to the age, ability and aptitude of pupils who have been transferred from primary schools and departments and to the period for which they may be expected to remain at school and includes—
(a ) special educational treatment;
(b ) the teaching of Gaelic in Gaelic speaking areas.
(3) The provision of secondary education shall be deemed to be adequate if a reasonable variety of courses is provided from which the parent of a pupil may select a course from which, in the opinion of the education authority, the pupil shows reasonable promise of profiting.
4 Further education.
4.‘Further education’ includes—
5 Special educational treatment.
(1) In this Act ‘special educational treatment’ means education by special methods appropriate to the special requirements of pupils who suffer from disability of mind or body, and shall be given in special schools approved by the Secretary of State for the purpose, or by other means so approved.
(2) The arrangements made by an education authority for the special educational treatment of pupils of any category within the meaning of section sixty-two of this Act shall be such as to ensure, as far as practicable, that the education is given in an appropriate special school or by other appropriate means.
(3) Regulations made under subsection (2) of section one of this Act may prescribe the requirements to be complied with as a condition of approval as a special school, and as to the withdrawal of approval from any special school which fails to comply with requirements so prescribed.
6 Recreation and social and physical training.
(1) For the purpose of securing adequate facilities for recreation and social and physical training, an education authority may establish, maintain and manage, or assist the establishment, maintenance and management of, camps, holiday classes, playing fields, play centres and other places (including playgrounds, gymnasiums and swimming baths not appropriated to any school or educational establishment) at which facilities for recreation and for such training as aforesaid are available for persons receiving primary, secondary or further education. They may also organise games, expeditions and other activities for such persons, and may defray or contribute towards the expenses thereof.
(2) An education authority, in making arrangements for the provision of facilities or the organisation of activities under the powers conferred on them by the last foregoing subsection shall, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.
7 Provision of educational facilities to be inaccordance with schemes.
(1) The functions of an education authority under the foregoing provisions of this Act shall be exercised in accordance with schemes prepared as hereinafter provided and approved by the Secretary of State under section seventy of this Act, except where such functions relate to—
(a ) further education as described in paragraphs (b ) and (c )of section four of this Act other than such voluntary part-time or full-time courses of instruction for persons over school age as the Secretary of State may direct; or
(b ) such facilities as are mentioned in subsection (1) of section six of this Act; or
(c ) special educational treatment other than in special schools.
(2) It shall be the duty of an education authority within such time as may be prescribed to prepare and submit for the approval of the Secretary of State a scheme or schemes for the exercise of their powers and duties under the foregoing sections of this Act.
(3) An education authority may at any time, and shall if and when so required by the Secretary of State, prepare and submit for his approval a revised scheme or modification of an existing scheme under this section.
(4) In considering and determining for the purposes of any scheme for the provision of primary and secondary education what amount of public school accommodation or additional public school accommodation is required for their area, an education authority shall have regard to and take into account every school, whether...
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