Education (Scotland) Act 1946

JurisdictionUK Non-devolved
Citation1946 c. 72
Year1946


Education (Scotland) Act, 1946

(9 & 10 Geo. 6.) 72.

An Act to consolidate the enactments relating to education in Scotland.

[6th November 1946]

B E 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:—

I Provision of Education by Education Authorities.

Part I.

Provision of Education by Education Authorities.

Primary, Secondary and Further Education

1.

S-1 Provision of educational facilities by education authorities.

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 thirty-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.

S-2 Free education.

2 Free education.

2. 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.

S-3 Facilities for recreation and social and physical training.

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 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 for whom primary, secondary or further education is provided by the authority. 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.

S-4 Education of pupils requiring special educational treatment.

4 Education of pupils requiring special educational treatment.

(1) The arrangements made by an education authority for the special educational treatment of pupils of any category within the meaning of section fifty-three 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.

(2) The code 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.

S-5 Technical education of blind persons.

5 Technical education of blind persons.

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.

S-6 Child guidance service.

6 Child guidance service.

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.

S-7 Provision of educational facilities to be in accordance with schemes.

7 Provision of educational facilities to be in accordance with schemes.

(1) The functions of an education authority under the foregoing sections of this Act shall be exercised in accordance with schemes prepared as hereinafter provided and approved by the Secretary of State under section sixty-five 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 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 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 his 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 hostels, 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...

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