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(2) In each of subsections (2) and (3) of that section, for the words “this section” there shall be substituted “subsection (1) above”; and for subsection (4) there shall be substituted—
“(4) No direction under section 10A(2), 11(1) or (2) or 11A(1) of this Act (or section 11A(1) as applied in relation to proceedings under section 10A(2) of this Act) shall take effect until—
(a) where, in accordance with this section, the person concerned—
(i) appeals against the direction, the appeal has been withdrawn or dismissed; or
(ii) requires the Council to review the direction or refusal, the requirement has been withdrawn or the direction or refusal has been upheld; or
(b) in any other case, the twenty-eight days mentioned in subsection (1), or as the case may be the prescribed number of days mentioned in subsection (1A), above have elapsed.
(5) The Council shall make rules as respects the procedure to be followed and the rules of evidence to be observed in proceedings in any review required under subsection (1A) above; but such rules shall not come into force until approved by the Lord President of the Court of Session.
(6) In subsection (1A) above, “the prescribed number of days” means such number of days as may be prescribed by the Council in rules made under this subsection; and different numbers may be so prescribed for different categories of review.
(7) For the purposes of advising the Council on questions of law arising in proceedings in any review required under subsection (1A) above, there shall in all such proceedings be an assessor to the Council who shall be an advocate or solicitor of not less than ten years' standing appointed by them; and sub-paragraph (2) of paragraph 3 of Schedule 2 to this Act shall apply in relation to such proceedings and to the Council as that sub-paragraph applies in relation to proceedings before the Disciplinary Sub-committee and to that sub-committee.
(8) An assessor may be appointed under this section either generally or for any particular proceedings or class of proceedings and shall hold and vacate office in accordance with the terms of the instrument under which he is appointed.
(9) The Council shall pay to an assessor appointed under this section remuneration at such rates as may be determined by them with the consent of the Lord President of the Court of Session.”.
In section 17(1) of the 1965 Act (which makes provision as respects the interpretation of that Act)—
(a) for the definition of “register” there shall be substituted—
““the register” means the register kept under section 6(1) of this Act (analogous expressions being construed accordingly) and “registered” includes conditionally or provisionally registered;”; and
(b) after that definition there shall be inserted—
““relevant misconduct” and “relevant offence” have the meanings given by section 10B(3) of this Act;”.
In Part II of Schedule 1 to the 1965 Act (which makes supplementary provision in relation to the Council), for paragraph 8 there shall be substituted—
8 (1) In addition to the powers conferred on the Council by the other provisions of this Act, the Council shall have power—
(a) to acquire, dispose of and otherwise intromit with rights in land; and
(b) to borrow money.
(2) The consent of the Scottish Ministers is required for the exercise of the power conferred by sub-paragraph (1)(b) above.”.
In the Part amended by section 53 of this Act, after paragraph 16 (and the heading “Other committees” which immediately follows that paragraph) there shall be inserted—
“16A The Scottish Ministers may, by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament, make regulations—
(a) requiring the Council to establish such committees, for such purposes, as are specified in the regulations; and
(b) providing for the membership of any committee so established.”.
(1) The committee established under section 91 of the 1980 Act (committee to consider pay and conditions of teaching staff employed in providing school education) is abolished; and accordingly sections 91 to 97D of, and Schedule 1B to, that Act are repealed.
(2) Where—
(a) a settlement formulated under section 91(1) of that Act;
(b) a determination which, under subsection (8) of section 97B of that Act, has the same effect as a settlement so formulated; or
(c) an award which, under subsection (9) of the said section 97B, has that effect,
is still in force on the date on which this section comes into force, the order, settlement, determination or award shall, notwithstanding subsection (1) above, remain in force until superseded.
The Scottish Ministers may, as respects education about sexual matters which is provided by education authorities in the schools managed by them, issue guidance to those authorities as to the manner in which such education should be conducted; and education authorities shall, in discharging their functions as respects the provision of such education in those schools, have regard to such guidance.
After section 131 of the 1980 Act there shall be inserted—
(1) Nothing in this Act shall prejudice any capacity of a child enjoyed by virtue of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991 (c. 50) (capacity of child with sufficient understanding to consent to surgical, medical or dental procedure or treatment); and without prejudice to that generality, where under or by virtue of this Act a child is required to submit, or to be submitted, to any medical or dental examination, inspection or treatment but the child has the capacity mentioned in the said section 2(4), the examination, inspection or treatment shall only be carried out if the child consents.
(2) In subsection (1) above, without prejudice to the generality of the expression in question, “medical examination” includes an examination under section 58 of this Act and “medical treatment” includes cleansing under that section.”.
(1) In this Act—
“the 1965 Act” means the Teaching Council (Scotland) Act 1965 (c. 19);
“the 1980 Act” means the Education (Scotland) Act 1980 (c. 44);
“the 1988 Act” means the School Boards (Scotland) Act 1988 (c. 47);
“annual statement of education improvement objectives” has the meaning given by section 5(2) of this Act;
“land” includes buildings and other structures, interests in land (within the meaning of the Land Registration (Scotland) Act 1979 (c. 33)), land obligations (as defined in section 2(6) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35) and any other rights in, or liabilities relating to, land;
“moveable property” includes moveables heritable by accession;
“national priorities in education” has the meaning given by section 4 of this Act;
“pre-school children” means—
children who are under school age and have not commenced attendance at a primary school (other than a nursery class in such a school); and
children who have attained school age but have not commenced attendance at such a school; and
“school development plan” means a development plan prepared under section 6(1)(a) of this Act for a school.
(2) Any expression used in this Act and in the 1980 Act has the same meaning in this Act as in that Act.
(1) The Scottish Ministers may, by statutory instrument, make regulations prescribing standards and requirements to which an education authority shall conform in discharging the authority’s functions under this Act.
(2) Regulations under this section may make different provision as to different cases or circumstances.
(3) A statutory instrument made in the exercise of the powers conferred by this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(1) The enactments specified in schedule 2 to this Act shall have effect subject to the amendments and repeals specified in that schedule, being amendments and repeals which are either minor or are consequential upon the provisions of this Act.
(2) There are also repealed, to the extent specified in the second column of schedule 3 to this Act, the enactments mentioned in that schedule.
(1) This Act may be cited as the Standards in Scotland’s Schools etc. Act 2000.
(2) There shall come into force on Royal Assent—
(a) this section;
(b) section 23 of this Act; and
(c) in so far as relating to sections 13 to 22 and 24 of, and Schedules 3 to 5 to, the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), section 60(2) of, and schedule 3 to, this Act;
and the other provisions of this Act shall come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.
(3) Different days may be so appointed for different provisions and for different purposes.
(4) An order under subsection (2) above may contain such transitional provisions and savings as the Scottish Ministers think fit.
Standards in Scotland’s Schools etc Act 2000