Education (Scotland) Act 1962

UK - Reserved: Acts

Education (Scotland) Act 1962

Education (Scotland) Act 1962 (1962 c. 47)

Part I Provision of Education by Education Authorities

1—28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5

Part II Rights and duties of Parents and functions of Education Authorities in relation to Individual Pupils

General Principle

29—66E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5

Part III Administration and Finance

67—101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5

Part IV Superannuation of Teachers

102—110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5

Part V Independent Schools

111—116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5

Part VI Reorganisation of Endowments

117—135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5

Part VII Miscellaneous Provisions

Employment

136 Children not to be employed in factories, mines, or quarries.

No child shall be employed—

(a) in any factory to which the Factories Act 1961 applies; or

[M1] 1961 c. 34.

(b) at any mine or quarry within the meaning of the Mines and Quarries Act 1954;

[M2] 1954 c. 70.

and those Acts respectively shall have effect as respects Scotland as if this section, so far as it relates to the subject matter thereof, were incorporated therein.

137 Power of education authorities to prohibit or restrict employment of children.

[F7] S. 137 repealed (prosp.) by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 2.

(1) If it appears to an education authority that the employment of a child attending a school under their management is or is likely to be prejudicial to his health or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority shall serve upon the parent and upon any person who is employing him for the time being a notice prohibiting the employment of the child in any employment or imposing such restrictions upon the employment of the child as appear to them to be expedient in the interests of the child:

(2) An education authority may, by notice in writing served upon the parent or employer of any child attending a school under their management, require the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to be or to be likely to be prejudicial to his health or to render him unfit to obtain the full benefit of the education provided for him.

(3) Any person who knowingly employs a child in contravention of any prohibition or restriction imposed under subsection (1) of this section, or who fails to comply with the requirements of a notice served under subsection (2) of this section, shall be guilty of an offence against this section, and liable on conviction by a court of summary jurisdiction to a fine not exceeding level 3 on the standard scale, or, in the case of a second or subsequent offence, not exceeding level 3 on the standard scale.

[F8] Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

(4) Subsections (1) and (3) of section thirty-six of the Act of 1937 (which relate to powers of entry for the enforcement of the provisions of Part III of that Act with respect to the employment of children), shall apply with respect to the provisions of any notice served under this section as they apply with respect to the provisions of the said Part III.

138—144. Effect of attendance notices on computation of working hours.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5

145 General definitions.

In this Act, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them:—

[F10] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5

[M3] 1937 c. 37.

[F11] Words in s. 145(16) substituted (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13, para. 58; S.I. 1996/323, art. 4(1)(c)

[F12] Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 11 para. 12

[F13] Words in s. 145(33) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4, para.11; S.I. 1996/2203, art. 3(3),Sch.

[F14] Words substituted by Social Work (Scotland) Act 1968 (c. 49), Sch. 8 para. 67(b)

[M4] 1968 c. 49.

146, 147. Interpretation.

— . . .

[F15] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5

148 Commencement.

(1) . . .

[F16] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5

(2) The provisions of this Act set forth in the second column of the Ninth Schedule shall respectively come into operation on the days mentioned opposite to them in the third column of the said Schedule, and, where days are to be appointed by the Secretary of State for the coming into operation of any of the said provisions, he may appoint different days for different purposes and different provisions.

149 Citation and extent.

(1) This Act may be cited as the Education (Scotland) Act 1962.

(2) This Act shall extend to Scotland only.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5

SCHEDULES

FIRST—EIGHTH SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5

NINTH SCHEDULE Postponement of the commencement of certain provisions

Serial number	Provision	Day upon which the provision shall come into operation
1—17	. . .	. . .
18	Section one hundred and thirty-six.	Such day as the Secretary of State may by statutory instrument appoint.
19—21	. . .	. . .

[F19] The whole Act except sections 136 and 137, subsections (7), (16), (18), (19), (33) and (42) of section 145, section 149(1) and (2) and section 148(2) and Schedule 9 so far as they relate to section 136 repealed by Education (Scotland) Act 1980 (c. 44, SIF 41:1), 136(3), Sch. 5