Legislation – Coronavirus (Recovery and Reform) (Scotland) Act 2022

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Part 2Education

Chapter 1Educational establishments etc.

5Interpretation of Chapter

(1)

In this Chapter—

“the 1980 Act” means the Education (Scotland) Act 1980,

“the 2005 Act” means the Further and Higher Education (Scotland) Act 2005,

“child minder” has the meaning given by paragraph 12 of schedule 12 of the Public Services Reform (Scotland) Act 2010,

“early learning and childcare” has the meaning given by section 46 of the Children and Young People (Scotland) Act 2014,

“education” includes early learning and childcare, school education, further education and higher education,

“education authority,” “grant-aided school”, “independent school”, “public school”, “school” and “school education” have the meanings given by section 135(1) of the 1980 Act,

“educational establishment”—

(a)

means—

(i)
a school,
(ii)
an education and training establishment approved by F1Qualifications Scotland under section 2(1)(b) of the Education (Scotland) Act 2025 as suitable for presenting persons for Qualifications Scotland qualifications,
(iii)
a further education institution,
(iv)
a higher education institution, and

(b)

is also to be construed in accordance with subsections (3) and (4) of this section,

“further education” has the meaning given by section 6 of the Further and Higher Education (Scotland) Act 1992,

“further education institution” means—

(a)

a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” or under the heading “Other institutions” in schedule 2 of the 2005 Act,

(b)

a college of further education which is assigned to a regional strategic body by an order made under section 7C(1) of the 2005 Act,

“governing body” has the meaning given by section 35(2) of the 2005 Act,

“higher education” has the meaning given by section 38 of the Further and Higher Education (Scotland) Act 1992,

“higher education institution” means—

(a)

a body listed under the heading “Institutions formerly eligible for funding by the Scottish Higher Education Funding Council” or under the heading “Other institutions” in schedule 2 of the 2005 Act,

(b)

a person who provides a course of higher education designated by the Scottish Ministers under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 (S.S.I. 2007/154) for the purposes of regulation 3(2) of those Regulations,

“managers”, in relation to a grant-aided school, has the meaning given by section 135(1) of the 1980 Act,

“out of school care” means care which is provided—

(a)

to children who are in attendance at a school,

(b)

outside school hours or during school holidays, and

(c)

by a child minder or a service for the day care of children within the meaning given by paragraph 13 of schedule 12 of the Public Services Reform (Scotland) Act 2010,

“proprietor”, in relation to an independent school, has the meaning given by section 135(1) of the 1980 Act,

“protecting public health” has the meaning given by section 1(5) of the Public Health etc. Scotland Act 2008.

(2)

In this Chapter, “relevant operator”—

(a)

in relation to a school, means—

(i)

where the school is a public school, the education authority by which it is managed,

(ii)

where the school is an independent school, the proprietor,

(iii)

where the school is a grant-aided school, the managers,

(b)

in relation to an education and training establishment approved by F2Qualifications Scotland under section 2(1)(b) of the Education (Scotland) Act 2025 as suitable for presenting persons for Qualifications Scotland qualifications, means the person who has responsibility for the management of the establishment,

(c)

in relation to a further education institution or a higher education institution, means the governing body of the institution.

(3)

Where out of school care is provided by a person in a school, “relevant operator” also includes such a person.

(4)

Where school education, early learning and childcare or out of school care is provided by a person in premises other than a school—

(a)

“relevant operator” also includes such a person, and

(b)

references to “educational establishment” in this Chapter are to be read as if they were references to such premises.