Education (Scotland) Act 1945
| Jurisdiction | UK Non-devolved |
Education (Scotland) Act, 1945
(8 & 9 Geo. 6.) CHAPTER 37.
An Act to amend the law relating to education in Scotland.
[15th June 1945]
Be it enacted by the King'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 education authorities.
(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 (including the teaching of Gaelic in Gaelic-speaking areas).
(2) ‘Primary education’ means progressive elementary education in such subjects as may be prescribed in the code, regard being had to the age, ability and aptitude of the pupils concerned, and such education shall be given in primary schools or departments. Primary education includes 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 code.
(3) ‘Secondary education’ means progressive courses of instruction of such length and in such subjects as may be approved in terms of the code as appropriate to the age, ability and aptitude of pupils who have been promoted from primary schools and departments and to the period for which they may be expected to remain at school. Such courses shall be given in secondary schools or departments.
(4) ‘Primary education’ and ‘Secondary education’ include education by special methods (hereinafter referred to as ‘special educational treatment ’) appropriate to the special requirements of pupils who suffer from disability of mind or body. Special educational treatment shall be given in special schools approved by the Secretary of State for the purpose, or by other means so approved.
(5) ‘Further education’ includes—
(a ) compulsory part-time and in exceptional cases full-time courses of instruction approved in terms of the code given in colleges (hereinafter referred to as ‘junior colleges’) to young persons not exempt from attendance under subsection (8) of section twenty-nine of this Act and designed to enable them to develop their various aptitudes and capacities and to prepare them for the responsibilities of citizenship;
(b ) voluntary part-time and full-time courses of instruction for persons over school age; and
(c ) voluntary leisure-time occupation, in such organised cultural training and recreative activities as are suited to their requirements, for persons over school age.
(6) 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.
(7) 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, and the parent shall not be entitled to select a course of secondary education from which in the opinion of the education authority (confirmed by the Secretary of State in the event of a dispute between the parent and the authority) the pupil shows no reasonable promise of profiting.
2 Provision of educational facilities to be in accordance with schemes.
(1) The functions of an education authority under the foregoing sect on shall be exercised in accordance with schemes prepared as hereinafter provided and approved by the Secretary of State under section fifty-nine of this Act.
(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 section.
(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 public or not, and whether situated in the area or not, which, in their opinion, gives, or will when completed give, efficient primary or secondary education, and is, or will when completed be, suitable and available for the education of the pupils in such education area.
(5) An education authority shall for the purposes of the last foregoing subsection have power to call upon all head teachers and managers of schools other than public schools for such information and for access to and delivery of all such documents as shall to the education authority appear to be necessary to enable them to discharge their duties under this Act, and an education authority may from time to time appoint fit and proper persons to procure such information and to inspect such documents.
(6) In the preparation of any scheme for the provision of primary and secondary education, an education authority shall, in particular, have regard to the expediency of securing the provision of boarding accommodation, either in boarding schools or in hostel for pupils for whom education as boarders is considered by their parents and by the authority to be desirable.
(7) In the preparation of any scheme for further education, an education authority shall have regard to such of the following considerations as may be relevant—
(a ) to any facilities for such education provided for their area by universities, central institutions, training centres, training colleges, educational associations and other bodies and to the need for consultation with any such organisations as aforesaid and with the education authorities or adjacent areas; and the scheme may include such provisions as to the co-operation of any such bodies or authorities as may have been agreed between them and the authority preparing the scheme;
(b ) to the need for consultation with persons concerned or engaged in crafts, industries, commerce or other employments in their area;
(c ) to the nee for securing the adequate provision of technical education and, keeping in view the requirements of the crafts, industries, commerce and other employments in the area and the provision therefor made elsewhere, to the need for the establishment of local technical colleges offering courses of suitable standard;
(d ) to the expediency of securing the provision of boarding accommodation, either as part of a junior college or in hostels, for pupils for whom residence at a distance from their homes is necessary in order that the greatest advantage may be derived from compulsory further education; and
(e ) to the desirability of securing the provision of residential colleges for other forms of further education.
(8) Where general arrangements under section thirty-three of this Act are part of the measures to be taken by the authority to secure the adequate provision of primary or secondary or compulsory further education for persons resident in any part of their area, information regarding the said arrangements shall be included in the appropriate scheme prepared under this section.
3 Facilities for recreation and social and physical training.
(1) 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. For that purpose an education authority, with the approval of the Secretary of State, may establish, maintain and manage, or assist the establishment, maintenance and management of camps, holiday classes, playing fields, play centres res and other places (including playgrounds, gymnasiums and swimming baths not appropriated to any school or college) at which facilities for recreation and for such training as aforesaid are available for persons for whom primary, secondary or further education is provided by the authority. They may also organise games, expeditions and other activities for such person, 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.
(3) It shall be in the power of an education authority to provide, for pupils in attendance at any school or junior college under their management, articles of clothing suitable for physical exercise.
(4) Sections one and two of the Physical Training and Recreation Act, 1937 , (which, as applied to Scotland, relate to a National Advisory Council and regional committees and subcommittees for the promotion of physical training),...
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