Schools General (Scotland) Regulations 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/1135 |
| Year | 1975 |
1975 No. 1135 (S. 176)
EDUCATION, SCOTLAND
The Schools General (Scotland) Regulations 19758thJuly 1975
18thJuly 1975
9thAugust 1975
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
Regulation
1. Citation and commencement.
2. Interpretation.
3. Definitions.
PART II
ORGANISATION OF SCHOOLS
4. Admission to and exclusion from schools.
5. Minimum number of school days.
6. Closure of schools on advice of medical officer.
7. Classes outwith school premises.
8. Number of pupils in rooms.
9. Registers.
10. Pupils' progress records.
11. Formation of good habits in pupils.
PART III
SPECIAL SCHOOLS
12. Special schools.
PART IV
INSPECTION
13. Visits by Inspectors.
PART V
SUPPLEMENTARY PROVISIONS
14. Amendments.
15—17. Revocations and savings.
SCHEDULES
Schedule
1. Registers.
2. Amendments of regulations.
3. Revocations.
In exercise of the powers conferred on me
(i) by section 2 of the Education (Scotland) Act 1962(a), as set out in section 1(1) of the Education (Scotland) Act 1969(b);
(ii) by section 5(2) of the said Act of 1962, as substituted by paragraph 2 of Part I of Schedule 2 to the said Act of 1969;
(iii) by section 10(2) of the said Act of 1962, as amended by paragraph 6 of Part I of Schedule 2 to the said Act of 1969;
(iv) by section 75 of the said Act of 1962, as substituted by section 12 of the said Act of 1969;
(v) by section 76(1) of the said Act of 1962;
(vi) by section 81(1) and (4) of the said Act of 1962, as substituted by section 15 of the said Act of 1969;
(vii) by sections 144(5) and 145(40) of the said Act of 1962;
and of all other powers enabling me in that behalf, I hereby make the following regulations:—
PART I
GENERAL
Citation and commencement
1. These regulations, which may be cited as the Schools General (Scotland) Regulations 1975, shall come into operation on 9th August 1975.
Interpretation
2.—(1) The Interpretation Act 1889(c) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
(2) In these regulations, unless the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, re-enacted or substituted (whether before or after the coming into operation of these regulations) by any other enactment.
Definitions
3. In these regulations, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them:—
"Act of 1962" means the Education (Scotland) Act 1962;
"boarding school" means a residential school other than a residential outdoor school;
"designated medical officer" shall have the same meaning as in section 63(1) of the National Health Service (Scotland) Act 1972(d);
"class" means a group of pupils for the time being under the immediate charge of a teacher;
"day school" means a school which has no residential pupils;
(a) 1962 c. 47.
(b) 1969 c. 49.
(c) 1889 c. 63.
(d) 1972 c. 58.
"health board" shall have the same meaning as in section 63(1) of the National Health Service (Scotland) Act 1972;
"Inspector" means one of Her Majesty's Inspectors and includes any other person appointed by the Secretary of State under section 67 of the Act of 1962 to inspect educational establishments;
"residential outdoor school" means a residential centre to which pupils in attendance at school are sent for short periods of education or for periods of recuperation and education;
"school day", in relation to a school, means a day on which the school is open for the purpose of providing school education;
"school year" means a period of 12 months commencing on 1st August of any year;
and, unless the context otherwise requires, other expressions used in these regulations which are also used in the Act of 1962 shall have the same meaning in these regulations as they have in that Act.
PART II
ORGANISATION OF SCHOOLS
Admission to and exclusion from schools
4. In discharging their functions under section 1 of the Act of 1962, an education authority shall not refuse a pupil, who is ordinarily resident in their area, admission to a school under their management or exclude a pupil from such a school to which he has been admitted, unless they consider that, having regard to the provisions of section 29 of that Act,
(a) the admission of the pupil to the school or the continued attendance of the pupil at the school would be inconsistent with any scheme prepared by them under section 7 or 30 of the Act of 1962 and approved by the Secretary of State under section 70 of that Act; or
(b) the parent of the pupil refuses or fails to comply, or to allow the pupil to comply, with the rules, regulations or disciplinary requirements of the school; or
(c) for reasons other than those mentioned in (a) or (b) above, they cannot otherwise ensure the provision of adequate and efficient school education.
Minimum number of school days
5. An education authority shall, except where prevented by circumstances outwith their control, secure that every school under their management shall be open for at least 200 school days (excluding Saturdays and Sundays) in each school year.
Closure of schools on advice of medical officer
6. Where a designated medical officer of a health board advises an education authority that, in order to prevent the spread of disease or other danger to health, a school under their management should be closed temporarily or that certain pupils should be excluded from that school for a specified time or, where that school is a boarding school, that the pupils should be confined to the school premises for a specified time, the education authority shall forthwith close that school or exclude or confine the said pupils, as the case may be, accordingly.
Classes outwith school premises
7. Classes in any school under the management of an education authority shall normally meet in the school premises, but any class may be held outwith the school premises if arrangements for this are authorised by that education authority.
Number of pupils in rooms
8.—(1) An education authority shall determine from time to time the maximum number of pupils who may be suitably accommodated in every room to which this regulation applies in any school under their management and, in discharging their duty under this regulation, the authority shall have regard to the dimensions of the room and the type of equipment provided, or to be provided, the safety and health of the pupils to be accommodated and the type of instruction to be given, in the room; and any determination under this regulation may provide for different...
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