> _**Note:** Due to the length and nature of this Bill, a set of [**Explanatory Notes**][EN] has been prepared to aid reading. It is recommended they are read alongside the Bill._

[EN]: https://legislation.mhoc.uk/sp/3

The text of this Bill is given below.

> # Education (Scotland) Bill
>
> An Act of the Scottish Parliament to make provision about the delivery of school and pre-school education by education authorities; to require senior pupils to continue in education or training; to abolish the provision of denominational education by education authorities; to make provision about food and drink provided by education authorities; to enable provision to be made about school clothing grants; to enable provision to be made requiring the inoculation of pupils; to make provision about fees charged for and in connection with further and higher education; to transfer and enable the transfer of functions of the Privy Council relating to education in Scotland; to restrict the use of titles relating to universities; and for connected purposes.
>
> ## Part 1 (School and pre-school education)
>
> ### *Overview*
>
> **1. Overview of Part 1**
>
> This Part modifies:
>
> - the Local Government (Scotland) Act 1973;
> - the Education (Scotland) Act 1980 ("the 1980 Act");
> - the Scottish Schools (Parental Involvement) Act 2006;
> - the Schools (Consultation) (Scotland) Act 2010.
>
> It is arranged as follows:
>
> - sections 2 to 5 provide for school education in education authority schools to be delivered in general and upper schools instead of in primary and secondary schools;
> - sections 6 and 7 make provision establishing a requirement for pupils to continue in education or training until age 18 or until attaining a certain level of qualification;
> - sections 8 to 10 make provision for the abolition of denominational education in schools managed by education authorities;
> - section 11 makes provision about school meals provided by education authorities;
> - section 12 enables the Scottish Ministers to require education authorities to pay a grant for clothing to pupils;
> - section 13 makes provision enabling the Scottish Ministers and education authorities to require the inoculation of children of school age.
>
> ### *General schools and upper schools*
>
> **2. Secondary stage of education to begin at 14 years**
>
> In section 135(2) of the 1980 Act (interpretation), for "twelve years" substitute "14 years".
>
> **3. School age to be six years**
>
> (1) The 1980 Act is amended as follows.
>
> (2) In the provisions listed in subsection (3), in each place where it occurs, for "five years" substitute "six years".
>
> (3) Those provisions are:
>
> - section 31 (school age);
> - section 32 (dates for commencement of school attendance).
>
> (4) In subsection (4)(a) of section 54 (provision of clothing for pupils at public schools), for the words "the age of five years" substitute "the lower limit of school age".
>
> **4. School education to include life skills and work experience**
>
> In section 1(5)(a) of the 1980 Act (duty of education authorities to secure provision of education: meaning of school education), after sub-paragraph (iii) insert:
>
> > (iv) social, cultural, and recreative activities, physical education and training, and the provision of programmes of work experience and vocational tuition;
>
> **5. Work experience: specified period during compulsory schooling**
>
> In section 123 of the 1980 Act (work experience in last year of compulsory schooling):
>
> - (a) in the heading, the words "last year" become "specified year",
>
> - (b) for subsection (4), substitute:
>
>   > (4) This section applies to a child undergoing compulsory education:
>   >
>   > - (a) during the period the Scottish Ministers may by regulations specify, or
>   > - (b) if no period is so specified, during the period between 1st May in the calendar year before the calendar year in which the child attains the upper limit of school age and the end of the latter year.
>   >
>   > (5) Regulations may only specify a period:
>   >
>   > - (a) during the child's compulsory secondary education, and
>   > - (b) not exceeding 12 months.
>
> ### *Duty to continue in education or training*
>
> **6. Duty to continue in education or training**
>
> (1) The 1980 Act is amended as follows.
>
> (2) After section 30 (duty of parents to provide education for their children), insert:
>
> > **30A. Duty of senior pupils to obtain education or training**
> >
> > (1) This section applies to each person (a "senior pupil") who:
> >
> > - (a) has attained the upper limit of school age,
> > - (b) has not attained the age of 18, and
> > - (c) does not have a suitable qualification.
> >
> > (2) A senior pupil must be:
> >
> > - (a) in attendance at a school,
> > - (b) undertaking a course of further education,
> > - (c) undertaking a course of higher education, within the meaning of section 38 of the Further and Higher Education (Scotland) Act 1992, or
> > - (d) engaged under approved apprenticeship arrangements.
> >
> > (3) For the purposes of this section, a "suitable qualification" is a qualification worth, or two or more qualifications which are in aggregate worth, at least 72 credit points at Scottish Credit and Qualifications Framework level 6.
> >
> > (4) The Scottish Ministers may by regulations modify subsection (3).
> >
> > (5) In this section, "approved apprenticeship arrangements" means such arrangements, or types of arrangement, as the Scottish Ministers may by regulations approve.
>
> **7. Employment of senior pupils to be restricted**
>
> After section 123 of the 1980 Act, insert:
>
> > **123A. Employment of senior pupils**
> >
> > (1) No senior pupil is to be employed unless the employment is as part of the pupil's engagement under approved apprenticeship arrangements.
> >
> > (2) A person who employs a senior pupil in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
> >
> > (3) It is a defence to show that the accused, or an employee or agent of the accused, took all reasonable precautions and exercised all due diligence not to commit the offence.
> >
> > (4) The following expressions have the same meaning as in section 30A:
> >
> > - "approved apprenticeship arrangements";
> > - "senior pupil".
> >
> > (5) Nothing in this section affects the operation of sections 123 or 125 or of Part 3 of the Children and Young Persons (Scotland) Act 1937.
>
> ### *Denominational education*
>
> **8. Education authorities not to carry on denominational schools**
>
> (1) The 1980 Act is amended as follows.
>
> (2) For section 8 (religious instruction), substitute:
>
> > **8. Religious instruction**
> >
> > (1) In a public school, an education authority:
> >
> > - (a) may provide instruction in religious subjects, and
> > - (b) must secure that religious observance and worship are not practised as part of the school education provided by the authority in that school.
> >
> > (2) Nothing in subsection (1)(b) affects the power of an education authority to provide facilities for worship, instruction, or observance under section 10.
>
> (3) In section 17, subsection (2) (which enables education authorities to provide denominational schools) is repealed.
>
> (4) In section 21 (management of denominational schools):
>
> - (a) in subsection (2), the words from "subject" to the comma are repealed,
> - (b) subsections (2A) to (6) are repealed.
>
> **9. Denominational schools: consultation, etc. requirements**
>
> (1) In the 1980 Act, sections 22C and 22D are repealed.
>
> (2) In the Scottish Schools (Parental Involvement) Act 2006:
>
> - (a) in section 7, subsections (2) and (3) are repealed,
> - (b) in section 16, subsections (13) and (14) are repealed.
>
> (3) In the Schools (Consultation) (Scotland) Act 2010:
>
> - (a) in schedule 1, paragraphs 8 and 9 are repealed,
> - (b) in schedule 2, paragraphs 8, 9, and 10 are repealed.
>
> **10. Religious members of education committees**
>
> In section 124 (membership of committees appointed by education authorities) of the Local Government (Scotland) Act 1973, subsections (2)(b) and (4) are repealed.
>
> ### *General*
>
> **11. School meals**
>
> For section 53 of the 1980 Act (provision of school meals), substitute:
>
> > **53. Provision of school meals**
> >
> > (1) An education authority may provide food or drink for pupils.
> >
> > (2) This section applies to:
> >
> > - (a) pupils in attendance at an educational establishment managed by the authority,
> > - (b) pupils provided with early learning and childcare under Part 6 of the Children and Young People (Scotland) Act 2014, and
> > - (c) pupils who receive education under arrangements entered into by the authority under section 35 of the Standards in Scotland's Schools etc. Act 2000.
> >
> > (3) The authority may provide food and drink free of charge or may charge the pupils.
> >
> > (4) Where the authority provides food or drink free of charge under subsection (3), it may do so:
> >
> > - (a) in relation to pupils who satisfy such conditions as it thinks fit,
> > - (b) at such times of the day as the authority thinks fit.
> >
> > (5) Any charge under subsection (3) must:
> >
> > - (a) be the same for the same quantity of food or drink provided, and
> > - (b) not be greater than appears reasonable to the authority to enable it to recover the costs incurred in providing the food or drink.
> >
> > (6) The authority must provide a school lunch, free of charge, to eligible pupils.
> >
> > (7) A pupil is eligible if:
> >
> > - (a) the pupil is, or has a parent who is, in receipt of:
> >   - (i) income support,
> >   - (ii) incapacity benefit under Part 2 of the Social Security Contributions and Benefits Act 1992 ("the SSCBA 1992"),
> >   - (iii) severe disablement allowance under the SSCBA 1992,
> >   - (iv) an income-based jobseeker's allowance payable under the Jobseekers Act 1995,
> >   - (v) state pension credit payable under the State Pension Credit Act 2002,
> >   - (vi) an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowances),
> >   - (vii) universal credit payable under Part 1 of the Welfare Reform Act 2012,
> > - (b) the parents of the pupil are in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (support for asylum-seekers),
> > - (c) the pupil is aged 5 and falls within subsection (2)(b),
> > - (d) the pupil is in the first, second, or third years of primary education, or
> > - (e) the total income of the pupil, or of the parents of the pupil individually, does not exceed £7,100 (see section 23 of the Income Tax Act 2007).
> >
> > (8) The Scottish Ministers may by regulations modify subsection (6) by:
> >
> > - (a) adding a description of a food or drink, or
> > - (b) varying or removing a description so added.
> >
> > (9) The Scottish Ministers may by regulations modify subsection (7) by:
> >
> > - (a) adding a description of a pupil by reference to any benefit or allowance received by the pupil, or the parents of the pupil, in such circumstances as the regulations may prescribe,
> > - (b) adding a description of a pupil by reference to the yearly stage of primary or secondary education of the pupil,
> > - (c) adding such other description of a pupil as the regulations may prescribe.
> >
> > (10) The Scottish Ministers may by regulations modify subsection (7)(e) by increasing the figure for the time being specified there.
> >
> > (11) The authority may:
> >
> > - (a) provide food or drink under this section on any premises and at any place the authority thinks fit, and
> > - (b) may provide facilities for the consumption of food and drink by pupils.
> >
> > (12) In this section, a reference to an education authority providing food or drink includes a reference to the authority securing the provision of food or drink.
>
> **12. School clothing grants**
>
> After section 54 of the 1980 Act, insert:
>
> > **54A. Power to require education authorities to make clothing grants**
> >
> > (1) The Scottish Ministers may by regulations make provision requiring an education authority to pay a grant of a specified amount to or in respect of a pupil of a specified description for the provision of clothing for the pupil.
> >
> > (2) Regulations under subsection (1):
> >
> > - (a) may make the payment of a grant subject to specified conditions (including conditions as to repayment),
> > - (b) may make different provision for different purposes.
> >
> > (3) In this section, "specified" means specified in the regulations.
>
> **13. Compulsory inoculation of pupils**
>
> In the 1980 Act, after section 125A insert:
>
> > ### *Inoculation of children*
> >
> > **125B. Power to require parents to inoculate children**
> >
> > (1) Regulations may require that the parent of a child of school age secure that the child is inoculated in accordance with the regulations.
> >
> > (2) The regulations:
> >
> > - (a) are to be framed so that any such requirement applies from the commencement of a yearly stage of the primary or secondary education of the child, and
> > - (b) may make different provision for different such yearly stages, sexes, or areas.
> >
> > (3) An education authority and the managers of a grant-aided or independent school must not admit a child as a pupil to, or allow the child to attend, a school managed by them unless they are satisfied that:
> >
> > - (a) the requirements imposed under subsection (1) which apply in relation to the child have been complied with, or
> > - (b) the child is exempt from any such requirement.
> >
> > (4) A child is exempt from a requirement under subsection (1) if a registered medical practitioner certifies that the child should be so exempt because:
> >
> > - (a) the child is allergic to a substance likely to be administered with an inoculum in the course of complying with the requirement, or
> > - (b) the administration of the inoculum would pose a serious risk to the life, health, or wellbeing of the child.
> >
> > (5) A person (other than an education authority) who contravenes subsection (3) commits an offence and is liable:
> >
> > - (a) on summary conviction, to a fine not exceeding the statutory maximum,
> > - (b) on conviction on indictment, to a fine.
> >
> > (6) Regulations under this section may be made:
> >
> > - (a) by the Scottish Ministers, or
> > - (b) by a local authority in relation to its area.
> >
> > **125C. Failure to secure inoculation or exemption**
> >
> > (1) An education authority may serve notice on the parent of a child requiring the parent to show, to the authority's satisfaction, that:
> >
> > - (a) any requirement imposed under section 125B(1) which applies in relation to the child has been complied with, or
> > - (b) the child is exempt from each such requirement under section 125B(4).
> >
> > (2) The authority must serve such notice if:
> >
> > - (a) the managers of a grant-aided or independent school so request, and
> > - (b) the authority is satisfied that it is necessary to enable the managers to comply with the requirement under section 125B(3).
> >
> > (3) Where the authority serves notice under subsection (2), it may notify the managers of the grant-aided or independent school as to whether it is satisfied for the purposes of subsection (1).
> >
> > (4) A person commits an offence:
> >
> > - (a) if the person fails without reasonable excuse to comply with a notice under this section within 14 days of the notice having been served,
> > - (b) in respect of each further week where the person continues to fail without reasonable excuse to comply with such a notice.
> >
> > (5) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
>
> **14. Regulations under the 1980 Act: procedure**
>
> In section 133 (regulations, etc.) of the 1980 Act, for subsection (2YA) substitute:
>
> > (2YA) Subsection (2) does not apply to regulations under the following provisions, which are subject to the affirmative procedure:
> >
> > - (a) section 30A(4),
> > - (b) section 53(8) to (10),
> > - (c) section 54A(1),
> > - (d) section 123(5)(a),
> > - (e) section 125B(1).
>
> ## Part 2 (Further and higher education)
>
> ### *Overview*
>
> **15. Overview of Part 2**
>
> This Part modifies:
>
> - the Universities (Scotland) Act 1889;
> - the Universities (Scotland) Act 1966;
> - the Further and Higher Education (Scotland) Act 1992 ("the 1992 Act");
> - the Further and Higher Education (Scotland) Act 2005 ("the 2005 Act").
>
> It is arranged as follows:
>
> - sections 16 and 17 make provision enabling the Scottish Ministers to specify the fees to be charged for further and higher education tuition and accommodation;
> - sections 18 and 19 transfer the education functions of the Privy Council to the Scottish Ministers and make related provision;
> - sections 20 to 23 make provision restricting the use of the title "university".
>
> ### *Tuition and accommodation fees*
>
> **16. Fee cap for students without relevant connection**
>
> In section 9D of the 2005 Act (fee cap: students liable for higher education fees), subsection (3)(a) is repealed.
>
> **17. Power to specify fees for accommodation**
>
> In section 35(1) of the 2005 Act (interpretation), at the appropriate place insert:
>
> > "fees" includes charges for boarding and lodging;
>
> ### *Transfer of Privy Council functions*
>
> **18. Transfer to Scottish Ministers of education functions of Privy Council**
>
> (1) The functions conferred on the Privy Council (or one of its committees) by or under the enactments mentioned in subsection (2) are transferred to the Scottish Ministers.
>
> (2) The enactments are:
>
> - (a) sections 6 and 15 of the Universities (Scotland) Act 1889,
> - (b) section 4 of the Universities (Scotland) Act 1966,
> - (c) sections 45, 48, and 49 of the 1992 Act.
>
> (3) Any exercise of the functions transferred by this section which occurred before this section came into force has effect as if done by the Scottish Ministers.
>
> **19. Transfer of other education functions**
>
> (1) Her Majesty may by Order in Council make such provision as She considers necessary or expedient to provide for the transfer of any of the functions of the Privy Council (or one of its committees) which relate to education in Scotland.
>
> (2) An order under this section is subject to the affirmative procedure.
>
> ### *Use of university title*
>
> **20. Use of university title to require authorisation**
>
> (1) No person may, without authorisation, take or use the title "university".
>
> (2) The reference to taking or using that title includes a reference to:
>
> - (a) carrying on any activity under a name including that title, and
> - (b) taking or using, or carrying on any activity under, any other title, name, or description which implies that the person is authorised to use that title.
>
> (3) For the granting of authorisation, see section 21.
>
> (4) The Scottish Ministers must keep and maintain a list of all persons who are authorised for the purposes of this section.
>
> (5) A copy of the list must be made available on a website, free of charge, for inspection by the public at all reasonable times.
>
> **21. Granting of authorisation to use title**
>
> (1) A person is authorised for the purposes of section 20 if:
>
> - (a) the person is specified in regulations made by the Scottish Ministers, or
> - (b) the person falls within subsection (4).
>
> (2) Regulations may only specify a person if the Scottish Ministers are satisfied:
>
> - (a) that the person provides, or intends to provide, higher education,
> - (b) that, having regard tot he quality of the higher education the person provides, it is appropriate that the person be authorised,
> - (c) that the person provides, or intends to provide, degree courses, and
> - (d) that the person is a fit and proper person to be authorised.
>
> (3) For the avoidance of doubt, authorisation under subsection (1)(a) continues only while the regulations are in force unless otherwise provided.
>
> (4) A person falls within this subsection if the person's use of the title:
>
> - (a) is authorised by or under an enactment or Royal Charter,
> - (b) is the name of a students' union (see Part 2 of the Education Act 1994) and serves to identify the establishment whose students the union represents, or
> - (c) falls within a description specified in regulations made by the Scottish Ministers.
>
> (5) Regulations under this section are subject to the negative procedure.
>
> (6) In this section:
>
> - "higher education" has the meaning given in section 38 of the 1992 Act;
> - "the title" means the title mentioned in section 20(1).
>
> **22. Revocation of authorisation**
>
> (1) The Scottish Ministers may by regulations revoke a person's authorisation if, in relation to the person, they are not satisfied as to any of the matters in section 21(2).
>
> (2) Authorisation may be revoked:
>
> - (a) irrespective of the means by or manner in which it was granted,
> - (b) whether or not it was granted for an indefinite period.
>
> (3) Regulations under this section may make such incidental, supplementary, consequential, or saving provision as the Scottish Ministers consider appropriate.
>
> (4) Regulations under this section are subject to the negative procedure.
>
> (5) In this section, "authorisation" means authorisation for the purposes of section 20.
>
> **23. Use of title without authorisation**
>
> A person who contravenes section 20 commits an offence and is liable:
>
> - (a) on summary conviction, to a fine not exceeding the statutory maximum,
> - (b) on conviction on indictment, to a fine.
>
> ## Part 3 (General)
>
> **24. Ancillary provision**
>
> (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory, or saving provision they consider appropriate for the purposes of, in connection with, or for giving full effect to this Act or any provision made under it.
>
> (2) Regulations under this section may modify or repeal any enactment (including this Act).
>
> (3) Regulations under this section are subject to:
>
> - (a) where they modify or repeal an enactment, the affirmative procedure,
> - (b) otherwise, the negative procedure.
>
> **25. Repeals**
>
> (1) The Education (School Meals) (Scotland) Act 2003 (asp 18) is repealed.
>
> (2) Sections 2 to 8 of the Denominational Education (Abolition) (Scotland) Act 2017 are repealed.
>
> **26. Commencement**
>
> (1) This Part and sections 1, 5, and 8 to 19 come into force on the day after Royal Assent.
>
> (2) Sections 20 to 23 come into force 6 months after Royal Assent.
>
> (3) Sections 2 to 4, 6, and 8 come into force on 1st August 2020.
>
> **27. Short title**
>
> The short title of this Act is the Education (Scotland) Act 2019.

This Bill was submitted by the Cabinet Secretary for Education /u/Alweglim on behalf of the Scottish Government.