Education (School and Placing Information) (Scotland) Regulations 1982
| Jurisdiction | UK Non-devolved |
| Citation | SI 1982/950 |
| Year | 1982 |
1982 No. 950 (S. 125)
EDUCATION, SCOTLAND
The Education (School and Placing Information) (Scotland) Regulations 19829thJuly 1982
20thJuly 1982
1stJanuary 1983
In exercise of the powers conferred on me by section 28B(1)(a)(ii) and (3) of the Education (Scotland) Act 1980(a) and all other powers enabling me in that behalf, I hereby make the following regulations:—
GENERAL
Citation and commencement
1. These regulations may be cited as the Education (School and Placing Information) (Scotland) Regulations 1982 and shall come into operation on 1st January 1983.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Education (Scotland) Act 1980;
"appeal committee" means an appeal committee set up and maintained under section 28D(1)(a) of the Act;
"basic information" means information of any of the kinds specified in Part I of Schedule 1;
"delineated area" in relation to a school means that part of the area of an education authority from which pupils resident therein will be admitted to the school in terms of any priority based on residence in accordance with the guidelines formulated by the authority under section 28(B)(1)(c) of the Act;
"information" means information of any of the kinds specified in any Schedule to these regulations and information with respect to any matter mentioned in section 28B(1)(a)(iii) of the Act;
"nursery class" in relation to an education authority means a nursery class under their management;
(a) 1980 c. 44; section 28B(1)(a)(ii) and (3) was inserted by section 1 of the Education (Scotland) Act 1981 (c. 58).
"placing request" means a request made in accordance with section 28A(1) of the Act;
"recorded" in relation to a child means recorded in terms of a Record opened and kept under section 60(2) of the Act;
"school" in relation to an education authority means a school under their management;
"school commencement date" means any school commencement date for the time being fixed by an education authority in accordance with section 32 of the Act;
"school information" means information of any of the kinds specified in Part II of Schedule 1;
"school year" means a period of 12 months commencing on 1st August of any year;
"supplementary information" means information of any of the kinds specified in Part III of Schedule 1;
"undergoing assessment" in relation to a child means undergoing a process of assessment under section 61 of the Act; and
(a) references to a child undergoing assessment shall include a child in whose case a notice under section 61(1) has been issued notwithstanding that the process of assessment has not started, and a child whom an education authority have decided to record following a process of assessment;
(b) references to a child undergoing assessment shall not include a recorded child undergoing assessment;
"working day" does not in relation to any office of an education authority, school or public library include any day observed by such office, school or as the case may be library as a holiday or any other day on which it is not normally open for business purposes;
"working hours" means in relation to any office of an education authority, school or public library, the hours during which such office, school or as the case may be library is normally open for business purposes.
(2) In these regulations unless the context otherwise requires any reference to a regulation or a Schedule is a reference to a regulation of, or, as the case may be, Schedule to these regulations and any reference in a regulation or a Schedule to a paragraph or sub-paragraph is a reference to a paragraph of that regulation or, as the case may be, Schedule or a sub-paragraph of such a paragraph.
Revocation of regulations
3. The Education (Placing in Schools, Information) (Scotland) Regulations 1981 (a) are hereby revoked.
Application of regulations to young persons and others
4.—(1) For the purposes of application of the provisions of these regulations to a young person and a recorded young person, these provisions shall unless
(a) S.I. 1981/1559.
the context otherwise requires apply in accordance with the provisions of paragraph (2).
(2) Any provision of these regulations applying
(a) in relation to a child shall apply in relation to a young person who is a pupil in attendance at school as it applies to such child;
(b) in relation to the parent of a child shall apply
(i) in the case of a young person undergoing assessment or a recorded young person who an education authority are satisfied is not capable of expressing his views for the purposes of section 61 of the Act, to the parent of such young person as it applies to such parent of a child; and
(ii) in the case of any other young person, to such young person as it applies to such parent of a child;
(c) in relation to a recorded child shall apply to a recorded young person as it applies to such recorded child.
(3) For the purposes of application of the provisions of these regulations to a recorded child any reference to section 28A of the Act shall unless the context otherwise requires be construed as a reference to that section as substituted by Schedule A2 paragraph 3 to the Act and for the purposes of application of those provisions to a child undergoing assessment, any reference to section 28A of the Act shall unless the context otherwise requires be construed as including a reference to that section as so substituted.
Kinds of information and matters to be published or made available by education authorities
5. Basic information, school information and supplementary information and the matters specified in Schedule 2 shall be the kinds of information and the matters to be published or otherwise made available by an education authority in pursuance of section 28B of the Act and in accordance with the provisions of these regulations.
PROVISIONS FOR PUBLICATION OF OR MAKING AVAILABLE BASIC, SCHOOL AND SUPPLEMENTARY INFORMATION
Duties and powers with respect to supply of certain basic information to certain parents
6.—(1) Subject to the provisions of these regulations an education authority shall have a duty, or, as the case may be, in accordance with this regulation, power to supply basic information to any parent to whom this regulation applies, on receiving a request from such parent and that free of charge.
(2) This regulation applies to—
(a) the parent of a child resident in the area of the education authority to whom a request for information is made;
(b) the parent of a child known to an education authority to be proposing to reside in their area; and
(c) any parent known to the authority to be considering the making of a placing request in respect of his child in relation to any school under their management.
(3) Basic information of the kind specified in Schedule 1 Part I paragraph
(a) in so far as it relates to such schools as are specified for the purpose of this sub-paragraph in paragraph (6), shall be so supplied by an education authority to any parent to whom this regulation applies; and
(b) in so far as it relates to any other school
(i) may be so supplied by the education authority to any such parent; and
(ii) shall be so supplied by the education authority to any such parent who satisfies the authority that he has a reasonable need for the information.
(4) Basic information of the kinds specified in Schedule 1 Part I paragraph 1(c) shall be so supplied by an education authority to any parent to whom this regulation applies whose child, to whom the request relates, has not commenced school attendance and may be so supplied to any such parent whose child to whom the request relates has commenced school attendance.
(5) Basic information of the kinds specified in Schedule 1 Part I paragraphs 1(b) and (d) to (h) shall be so supplied to any parent to whom this regulation applies.
(6) The schools specified for the purposes of paragraph (3)(a) are schools in any one of which, in the opinion of the education authority to whom the request for information is made, the parent making that request is likely to wish to have his child placed, regard being had to the age, normal or prospective place of residence and special educational needs (if any) of the child and the affiliation (if any) of the parent to any particular religious denomination.
Duty to make basic information available at certain places
7.—(1) Subject to the provision of paragraph (2) basic information shall be made available by an education authority free of charge for inspection or reference by a parent requesting the same—
(a) at any head office of the education department of the authority and any divisional office of that department;
(b) with the consent of the appropriate library authority at any public library within the area of the authority; and
(c) at any school under the management of the authority;
and that during working hours on any working day in relation to such office, public library or, as the case may be, school.
(2) Where the basic information of the kind specified in Schedule 1 Part I paragraph 1(a) is so made available at a public library or school, it may be limited to basic information of that kind relating to schools in that part of the area of the authority in which the public library or, as the case may be, school concerned is respectively situated.
(3) In this regulation;
"appropriate library authority" in relation to any public library means the local authority for the purposes of the Public Libraries (Scotland) Act 1887 to 1955 in accordance with section 163 of the Local Government (Scotland) Act 1973(a) responsible for the management of the library.
Form in which basic information to be supplied and made available
8.—(1) Basic information supplied in accordance with regulation 6 and made available in accordance with regulation 7 shall be so supplied or made available, in writing and in any one or more of the forms of booklet, leaflet, or circular for general issue or of...
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