SCHEDULES
SCHEDULE 1
Section 13
SUMS TO BE PAID BY WAY OF COMPENSATION FOR ABOLITION OF HIGHLAND SCHOOLS GRANT
Serial Number | Education Area | Sum £ |
1 | Argyll | 4,942 |
2 | Banff | 420 |
3 | Caithness | 812 |
4 | Inverness | 1,792 |
5 | Orkney | 420 |
6 | Perth | 868 |
7 | Ross and Cromarty | 2,086 |
8 | Sutherland | 1,246 |
| | 12,586 |
SCHEDULE 2
Section 27
MINOR AND CONSEQUENTIAL AMENDMENTS
PART 1
AMENDMENT OF THE EDUCATION (SCOTLAND) ACT 1962 (c. 47)
1. In section 4 (further education) -
(a) in paragraph (a), for the words "subsection (2) of section one" there shall be substituted the words "section 2";
(b) for paragraph (c) there shall be substituted the following paragraph:-
"(c) social, cultural and recreative activities and physical education and training, either as part of a course of instruction or as organised voluntary leisure-time occupation; and".
2. For section 5 (special education) there shall be substituted the following section:-
"5 Special education
(1) In this Act the expression "special education" means education by special methods appropriate to the requirements of pupils whose physical, intellectual, emotional or social development cannot, in the opinion of the education authority, be adequately promoted by ordinary methods of education, and shall be given in special schools or by other appropriate means.
(2) Regulations under section 2 of this Act may prescribe the requirements to be complied with by an education authority in providing special education for their area."
[page 39]
3. For section 6 of the principal Act (recreation, etc) there shall be substituted the following section:-
6 Social activities, physical education, etc
(1) For the purpose of securing the provision of facilities for social, cultural and recreative activities and physical education and training, an education authority may-
(a) establish, maintain and manage camps, playgrounds, playing fields, gymnasiums, swimming baths, play centres, social and cultural centres and other places at which any such facilities as aforesaid are available;
(b) organise holiday classes, games, expeditions and other activities.
(2) In the exercise of their powers under subsection (1) above an education authority-
(a) may assist any body whose objects include the provision of any such facilities as aforesaid;
(b) shall, so far as practicable, co-operate with local authorities and with any voluntary societies or bodies whose objects include the provision of any such facilities as aforesaid.
(3) In this section the expression 'local authority' means a county, town or district council.".
4. In section 7 (provision of educational facilities to be in accordance with schemes) -
(a) in subsection (1), in paragraph (c), for the words "special educational treatment" there shall be substituted the words "special education";
(b) in subsections (4), (6) and (8), for the words "primary and secondary", wherever they occur, and for the words "primary or secondary", wherever they occur, there shall be substituted the word "school".
5. In section 9 (conscience clause), subsection (2) shall cease to have effect.
6. In section 10 (safeguards for religious beliefs), in subsection (2), for the words "subsection (2) of section one" there shall be substituted the words "section 2".
7 (1) In section 11 (provision of books, etc, free of charge), in subsection (1), for the words "in accordance with subsection (3) of section one of this Act" there shall be substituted the words "by virtue of arrangements made by the authority with the managers of those schools".
(2) In section 11 -
(a) in subsection (1), for the words from "are given" to "books" there shall be substituted the following words:
"(a) are in attendance at schools or junior colleges under their management, or
(b) are receiving free education at other schools by virtue of arrangements made by the education authority with the managers of those schools.
[page 40]
books";
(b) subsection (2) shall cease to have effect;
(c) in subsection (3), for the words from "training" to the end there shall be substituted the words "education or training provided by the authority under section 1(3) of this Act, articles of clothing suitable for such physical education or training.".
8. In section 12 (county library service) -
(a) in subsection (1), after the word "books" there shall be inserted the words "and other printed matter, pictures, gramophone records, tape recordings, films and other materials";
(b) in subsection (2), after the word "may" there shall be inserted the following words:-
"(a) make such arrangements as they consider necessary for the management of a library service provided by them, including the accommodation and distribution of books and other materials, and
(b)".
9. In section 14 (provision of education elsewhere than at an educational establishment), the words "with the approval of the Secretary of State" shall cease to have effect.
10. In section 15 (transfer of endowed schools to education authorities) -
(a) in subsection (1), the words "extending over at least three years", wherever they occur, shall cease to have effect;
(b) subsection (2) shall cease to have effect.
11. In section 18 (improvements as to premises of educational establishments for the safety of pupils) -
(a) in subsection (1), the words "and with the approval of the Secretary of State" shall cease to have effect;
(b) in subsection (3), in the proviso, for the words "or shall satisfy the Secretary of State that" there shall be substituted the word "unless".
12. In section 19 (requirements as to premises of educational establishments) -
(a) subsection (2) shall cease to have effect;
(b) for subsection (3) there shall be substituted the following subsection:-
"(3) It shall be the duty of an education authority to secure that the premises and equipment of any educational establishment under their management conform to the standards and requirements applicable to that establishment and, in particular, that the premises and equipment of all educational establishments under their management are maintained in such a condition as to conduce to the good health and safety of all persons occupying or frequenting the premises or using the equipment.";
[page 41]
(c) for subsection (4) there shall be substituted the following subsection -
"(4) Where the premises or equipment of any educational establishment under the management of an education authority do not conform to the standards or requirements applicable to that establishment or are not maintained as mentioned in subsection (3) above, the Secretary of State may, after consultation with the authority, direct that the premises or equipment be brought into conformity with the said standards or requirements or into the state of maintenance mentioned in that subsection (as the case may be) within a period to be specified in the direction; and it shall thereupon be the duty of the authority to comply with the direction.";
(d) subsection (5) shall cease to have effect.
13. In section 20 (acquisition of land and execution of works), in subsection (1), after the word "may" there shall be inserted the words "subject to the provisions of subsection (1A) below,".
14. In section 24 (provision by education authority for education of pupils belonging to other areas) -
(a) in subsection (1), for the words "primary, secondary" there shall be substituted the words "school education";
(b) in subsections (2) and (3), for the words "primary or secondary", wherever they occur, there shall be substituted the word "school";
(c) in subsection (4), for the words "for the primary or secondary education of" there shall be substituted the words "school education for";
(d) subsection (5) shall cease to have effect.
15. In section 28 (educational conferences), the words "Subject to any regulations made by the Secretary of State" shall cease to have effect.
16. In section 32 (school age), in subsection (4), for the words from "section fifty-five" to "treatment" there shall be substituted tho words "the Act of 1946 or this Act that a child requires special education", and for the word "rescinded" there shall be substituted the word "revoked".
17. In section 35 (failure by parent to secure regular attendance by his child at a public school), subsection (2) shall cease to have effect.
18. In section 38 (attendance orders) -
(a) in subsection (1), for the words "being a school" there shall be substituted the words "being either a public school or a school (other than a public school)";
(b) in subsection (2), in paragraph (b), for the words from "a certificate" to the end there shall be substituted the words "the education authority have decided under the Act of 1946 or this Act that the child requires special education.".
[page 42]
19. In section 40 (period of operation of attendance orders), in the proviso, for the words from "certificate" to "withdrawn" there shall be substituted the words "decision of an education authority under the Act of 1946 or this Act that a child requires special education is revoked".
20. In section 49 (power of education authorities to assist persons to take advantage of educational facilities) -
(a) for the words "primary or secondary", wherever they occur, there shall be substituted the word "school";
(b) in subsection (1), for the words "Great Britain", wherever they occur, there shall be substituted the word "Scotland".
21. In section 50 (education of pupils in exceptional circumstances), in subsection (1), for the words "primary or secondary", wherever they occur, there shall be substituted the word "school".
22. In section 54 (provision of clothing for pupils at public schools), in subsection (4), in paragraph (b), for the words "special educational treatment" there shall be substituted the words "special education''.
23. For section 57 (regulations as to medical examination and inspection) there shall be substituted the following section:-
"57 Regulations as to medical and dental examination
The Secretary of State may make regulations as to the conduct of medical and dental examinations and medical and dental inspections for the purposes of this Act, and such regulations may, in particular, prescribe the special qualifications or experience to be possessed by -
(a) the medical or (as the case may be) dental practitioners by whom any class of examination may be conducted,
(b) the persons who may assist in the conduct of any such examinations,
(c) the medical practitioners by whom or under whose directions any class of medical inspection may be conducted,
(d) the dental practitioners by whom any class of dental inspection may be conducted.".
24. In section 58 (medical inspection, etc, of pupils) -
(a) in subsection (1), the words "or junior college" shall cease to have effect, and after the words "persons in attendance at any" there shall be inserted the words "junior college or";
(b) in subsection (2), after the word "pupils" there shall be inserted the words "and young persons", and after the word "duty" there shall be inserted the words "under this section".
25. In section 60 (provisions supplementary to school health provisions) -
(a) in subsection (2), the words "primary or secondary" shall cease to have effect, and after the word "dental" there shall be inserted the words "inspection, supervision and";
[page 43]
(b) in subsection (3), after the word "medical", in the first place where it occurs, there shall be inserted the words "and dental";
(c) in subsection (4), after the word "dental" there shall be inserted the words "examination, inspection, supervision and".
26. In section 76 (payment of grants to be subject to conditions). subsection (3) shall cease to have effect.
27. In section 79 (examination of accounts), for the words "and report to the accountant" there shall be substituted the words "to the Secretary of State".
28. In section 85 (dismissal of teachers) -
(a) in subsection (1), for the words "first class service or of first class service and second class service" there shall be substituted the words "reckonable service or of reckonable service and external service";
(b) subsection (5)(b) shall cease to have effect.
29. In section 91 (incidental expenses of education authorities) -
(a) in subsection (1), for the word "duties" there shall be substituted the word "functions";
(b) in subsection (2), at the end there shall be inserted the following paragraph:-
"(d) expenses incurred by the parent of any child in connection with any medical or dental inspection, or any medical or psychological examination, of that child, or by any young person in connection with any medical or dental inspection of that young person, under any provision of this Act.".
30. Section 94 (education authorities to administer revenues of endowments applicable to bursaries) shall cease to have effect.
31. In section 97 (returns by registrars) -
(a) in subsection (1), after the words "education authority" there shall be inserted the words "on a form to be provided by the authority";
(b) subsection (2) shall cease to have effect.
32. Section 98 (service of notices) shall cease to have effect.
33. In section 118 (schemes for reorganisation of educational endowments), in subsection (5), for the words "so, however" to the end there shall be substituted the words "and-
(a) except as mentioned in paragraph (b) below, the provisions of this Part of this Act shall, with any necessary modifications, apply for that purpose;
(b) section 126 of this Act shall apply in place of section 125 thereof in relation to the procedure to be followed by the Scottish Universities Committee in preparing a scheme under this Part of this Act.".
34. In section 123 (provisions as to beneficiaries and teachers), in subsection (2), for the word "certificated", in both places where it occurs, there shall be substituted the word "registered".
[page 44]
35. In section 124 (accounts and audit of educational endowments) -
(a) in subsection (3), the words "of the Secretary of State, or" shall cease to have effect, and at the end there shall be inserted the words "and no person shall be qualified to be appointed auditor as aforesaid unless he is a member of one or more of the following bodies:-
(a) the institute of Chartered Accountants of Scotland;
(b) the Institute of Chartered Accountants in England and Wales;
(c) the Association of Certified and Corporate Accountants;
(d) the Institute of Chartered Accountants in Ireland;
(e) any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of section 161(1)(a) of the Companies Act 1948 by the Board of Trade;
but a Scottish firm may be so appointed if each of the partners therein is qualified to be so appointed.";
(b) in subsections (4) and (5), for the word "accountant" wherever it occurs, there shall be substituted the word "Secretary of State";
(c) subsection (6) shall cease to have effect;
(d) in subsection (7), for the words from the beginning to "such accounts" there shall be substituted the words "The Registrar of Educational Endowments shall make the audited accounts of every endowment to which this section applies".
36. In section 128 (schemes for small endowments), for the words "approved by Order in Council under this Part of this Act" there shall be substituted the words "made under section 125 of this Act".
37. In section 129 (amending schemes), for the words "framed and" there shall be substituted the words "made or", and after the words "any scheme" there shall be inserted the words "made or".
38. In section 133 (default of governing body) -
(a) after the words "any scheme" there shall be inserted words "made or";
(b) for the words "without undue delay" there shall be substituted the words "within such time as may be specified in the requisition".
39. In section 135 (interpretation of Part VI) -
(a) in subsection (1), after paragraph (a) there shall be inserted the following paragraph:-
"(aa) the expression 'charitable purposes' shall be construed in the same way as if it were contained in the Income Tax Acts;";
[page 45]
(b) in subsection (1), for paragraph (c) there shall be substituted the following paragraph:-
"(c) 'Educational purposes' includes -
(i) payments towards the cost of professional training and apprenticeship fees,
(ii) the provision of maintenance, clothing and other benefits, and
(iii) the payment of grants for travel;";
(c) after subsection (2) there shall be inserted the following subsection:-
"(3) Any reference in this Act to the endowment to which a scheme under this Part of this Act relates shall, in the case of a scheme relating to more than one endowment, be construed as a reference to every endowment, or (as the context may require) to any endowment, to which the scheme relates.".
40. In section 141 (saving as to persons suffering from mental disorder), in subsection (2), for paragraph (b) there shall be substituted the following paragraph:-
"(b) any child who is for the time being the subject of a report issued by an education authority under the Act of 1946 or this Act to the effect that they have decided that the child is suffering from a disability of such a nature or to such an extent as to make him unsuitable for education or training either by ordinary methods of education or by special education; and".
41. In section 145 (general definitions) -
(a) paragraph (1) shall cease to have effect;
(b) in paragraph (11), for the words "subsection (2) of section seventy-seven of the Act of 1946 or section eighty-one of" there shall be substituted the words "the Act of 1946 or";
(c) for paragraph (l4) there shall be substituted the following paragraph:-
"(14) 'College of education' means an educational establishment in which further education is provided and the primary purpose of which is the education and training of teachers;";
(d) after paragraph (15) there shall be inserted the following paragraphs:-
(15A) 'Dental examination' means examination by a registered dentist, so however that in conducting an examination of any such class as may be prescribed. such dentist may be assisted by other persons having such special qualifications or experience as may be prescribed;
(15B) 'Dental inspection' and 'dental supervision' mean, respectively, inspection and supervision by a registered dentist;
[page 46]
(15C) 'Dental treatment' includes prevention and treatment of dental diseases by or (so far as permitted by law) under the direction of any registered dentist, and the supply of appliances on the recommendation of such dentist, but does not, in relation to any pupil other than a pupil receiving school education elsewhere than at school under arrangements made by an education authority under section 14 of this Act, include treatment in that pupil's home;";
(e) in paragraph (17), for the words from "or organising" to ."Act" there shall be substituted the words "for social cultural or recreative activities or for physical education or training.";
(f) after paragraph (19) there shall be inserted the following paragraph:-
"(19A) 'Enactment' includes an order, regulation, rule or other instrument having effect by virtue of an Act;";
(g) in paragraph (21), the words "facilities described in subsection (4) of section one and the" and the word "both" shall cease to have effect;
(h) in paragraph (22), for the words "managers' contributions under Part IV of this Act" there shall be substituted the words "employers' contributions under the Teachers Superannuation (Scotland) Act 1968 (c. 12)";
(i) in paragraph (28), the words "or in appropriate cases by a person registered under the Dentists Act 1957 (c. 28)" shall cease to have effect;
(j) in paragraph (30), for the words "primary or secondary" there shall be substituted the word "school";
(k) in paragraph (31), for the words "paragraph (a) of subsection (2) of section two" there shall be substituted the words "section 1(2)(a)(i)";
(I) in paragraph (35), the words "except in Part IV of this Act" shall cease to have effect;
(m) in paragraph (36), for the words "subsection (2) of section two of this Act" there shall be substituted the words "section 1(2)(a) of the Education (Scotland) Act 1969";
(n) after paragraph (38) there shall be inserted the following paragraph:-
"(38A) 'Psychological examination' means an examination by an educational or clinical psychologist appointed by an education authority for the purpose;";
(o) after paragraph (41) there shall be inserted the following paragraph:-
"(41A) 'Registered teacher' means a teacher registered under the Teaching Council (Scotland) Act 1965 (c. 19);";
(p) after paragraph (43) there shall be inserted the following paragraph:-
"(43A) 'School education' has the meaning assigned to it by section 1(2) of this Act;";
[page 47]
(q) in paragraph (44), for the words "subsection (2) of section three of this Act" there shall be substituted the words "section 1(2)(b) of the Education (Scotland) Act 1969";
(r) in paragraph (45), for the words "Special educational treatment" there shall be substituted the words "Special education";
(s) for paragraph (48) there shall be substituted the following paragraph:-
"(48) 'Teachers (Superannuation) Regulations' means regulations made under the Teachers Superannuation (Scotland) Act 1968 (c. 12);".
PART II
AMENDMENT OF OTHER ENACTMENTS
The Physical Training and Recreation Act 1937 (c. 46)
1. In section 10 (application to Scotland), after subsection (5) there shall be inserted the following subsection:-
(5A) Section 4 of this Act shall have effect as if in subsection (4) after the words 'another local authority' there were inserted the words 'or by an education authority within the meaning of the Education (Scotland) Act 1962 (c. 47)'.".
The Teaching Council (Scotland) Act 1965 (c. 19)
2. In section 7 -
(a) in subsection (5), for the words "section 144(2) of the Act of 1962" there shall be substituted the words "subsection (8A) of this section";
(b) in subsection (7), for the words "section 144(2) of the Act of 1962" there shall be substituted the words "subsection (8A) of this section";
(c) in subsection (8), for the words from the beginning to "thereof)" there shall be substituted the words "Subsections (1), (4) and (5) of section 144 of the Act of 1962", and for the words "it applies" there shall be substituted the words "they apply";
(d) after subsection (8) there shall be inserted the following subsection:-
"(8A) The Secretary of State shall, not less than forty days before making regulations under this section, cause a draft of the regulations to be published and send a copy thereof to every education authority, and shall have regard to any representations made by an education authority or by any person interested before he makes the regulations; and the regulations may be made in the same form as in the published draft or in an amended form.".
3. Section 16 (amendment of Education (Scotland) Act 1962) shall cease to have effect.
The Local Government (Scotland) Act 1966 (c. 51)
4. In Schedule 1 (rate support grants), in Part I, paragraph 4 shall cease to have effect.
[page 48]
The Social Work (Scotland) Act 1968 (c. 49)
5. In section 30 (definition of child for Part III), in subsection (1), at the end there shall be inserted the following words:-
"and for the purposes of the application of this Part of this Act to a person who has failed to attend school regularly without reasonable excuse includes a person who is over the age of sixteen years but who is not over school age.".
6. In Schedule 8, for paragraph 61 there shall be substituted the following paragraph:-
"61. In section 36(3), for the words from 'if satisfied' to the end of the subsection there shall be substituted the words -
'refer the child to the reporter of the appropriate local authority.
In this subsection the expression "local authority" has the same meaning as in the Social Work (Scotland) Act 1968.'.".
7. In Schedule 8, for sub-paragraph (1) of paragraph 62 there shall be substituted the following sub-paragraph:-
"(1) In section 44(1), for the words from 'that the child be brought' to the end of the subsection there shall be substituted the words -
'that the case be referred to the reporter of the appropriate local authority and, if so referred, shall certify the said failure as a ground established for the purposes of Part III of the Social Work (Scotland) Act 1968.
In this subsection the expression "local authority" has the same meaning as in the said Act of 1968.'.".
8. In Schedule 8, paragraphs 63 and 64 shall cease to have effect.
9. In Schedule 8, for paragraph 65 there shall be substituted the following paragraph:-
"65. In section 85, in subsection (5), for paragraph (c) there shall be substituted the following paragraph:-
'(c) the persons responsible for the management of an establishment or residential establishment within the meaning of the Social Work (Scotland) Act 1968 and the registered teachers employed therein in the provision of school education.'.".
10. In Schedule 8, in paragraph 67, for the words from the beginning to the end of head (b) there shall be substituted the following words:-
"In section 145 -
(a) after definition (41A) there shall be inserted -
(41B) "residential establishment" has the same meaning as in the Social Work (Scotland) Act 1968;';
(b) in definition (42), for the words 'an approved school within the meaning of the Act of 1937' there shall be substituted the words 'an establishment or residential establishment within the meaning of the Social Work (Scotland) Act 1968.':".
[page 49]
SCHEDULE 3
ENACTMENTS REPEALED
Chapter | Short Title | Extent of Repeal |
19 & 20 Geo. 5. c. 25. | The Local Government (Scotland) Act 1929. | Section 52(3) and Schedule 6, so far as those provisions relate to the payment of moneys to the universities of Scotland. |
10 & 11 Eliz. 2. c. 47. | The Education (Scotland) Act 1962. | In section 9, subsection (2). In section 11, subsection (2). In section 14, the words "with the approval of the Secretary of State". In section 15, in subsection (1), the words "extending over at least three years", wherever they occur, and subsection (2). In section 18, in subsection (1), the words "and with the approval of the Secretary of State". In section 19, subsections (2) and (5). In section 24, subsection (5). In section 28, the words "Subject to any regulations made by the Secretary of State". In section 35, subsection (2). In section 58, in subsection (1), the words "or junior college". In section 60, in subsection (2), the words "primary or secondary". In section 76, subsection (3). Section 77. Section 78. Section 80. Section 84. In section 85, in subsection (5), paragraph (b). Section 87. Section 94. In section 97, subsection (2). Section 98. In section 119, subsection (3), in so far as it relates to land forming the site of an educational establishment under the management of an education authority. In section 124, in subsection (3), the words "of the Secretary of State, or", and subsection (6). In section 144, subsections (2) and (3). |
[page 50]
Chapter | Short Title | Extent of Repeal |
10 & 11 Eliz. 2. c. 47. (cont.) | The Education (Scotland) Act 1962 (cont.). | In section 145 -
paragraph (1), in paragraph (21), the words "facilities described in subsection (4) of section one and the" and the word "both", in paragraph (28), the words "or in appropriate cases by a person registered under the Dentists Act 1957", in paragraph (35), the words "except in Part IV of this Act". Schedule 2. |
1965 c. 19. | The Teaching Council (Scotland) Act 1965. | Section 16. |
1966 c. 51. | The Local Government (Scotland) Act 1966. | In Schedule 1, in Part I, paragraph 4. |
1968 c. 49. | The Social Work (Scotland) Act 1968. | In Schedule 8, paragraphs 63 and 64. |
SCHEDULE 4
Section 28
TRANSITlONAL AND SAVINGS PROVISIONS
General
1. In this Schedule "an original provision" means any provision of the principal Act as in force immediately before the commencement of this Act, and "a new provision" means any provision of the principal Act as amended by or set out in this Act.
2. Any regulations, scheme or other instrument or any decision made, direction or notice given, report issued or other thing done, or deemed to have been made, given, issued or done, under or for the purposes of an original provision and in force at the commencement of this Act shall, in so far as it could have been made, given, issued or done under or for the purposes of a new provision, continue in force and be deemed to have been made, given, issued or done under or for the purposes of that new provision.
3. So much of any enactment or other document as refers expressly or by implication to an original provision shall, in so far as the context permits and as may be necessary to preserve the effect of the said enactment or other document, be construed as referring, or (as the case may require) as including a reference, to any new provision which corresponds to that original provision.
4. Any reference in any provision of this Act (including any new provision) to, or to things done or falling to be done under, a new provision shall, in so far as the context permits, be construed as including, in relation to times, circumstances and purposes in relation to which an original provision had effect, a reference to, or to things done or falling to be done under, that original provision.
[page 51]
School leaving dates
5 (1) Any date fixed before the commencement of this Act under proviso (i) to section 33(1) of the principal Act and in force at the commencement of this Act shall be deemed to have been fixed under proviso (ii) to the said section 33(1) as set out in this Act.
(2) Any date fixed before the commencement of this Act under proviso (ii) to the said section 33(1) and in force at the commencement of this Act shall have effect until a new date or dates is or are fixed under the said section 33(1) as amended by this Act.
Handicapped children
6. Any reference in any enactment or other instrument passed or made before the commencement of this Act to special educational treatment shall be construed as a reference to special education, and any reference in any such enactment or other instrument to a child who is suffering from a disability of mind of such a nature or to such an extent as to make him unsuitable for education or training in a special school shall be construed as a reference to a child who is suffering from a disability of such a nature or to such an extent as to make him unsuitable for education or training either by ordinary methods of education or by special education.
7 (1) Any decision made before the commencement of this Act by an education authority -
(a) to the effect that a child requires special educational treatment, or
(b) to the effect that a child is suffering from a disability of mind of such a nature or to such an extent as to make him incapable of receiving education or training in a special school or as to make it inexpedient that he should be educated or trained in association with other children either in his own interests or in those of the other children, or that a child is suffering from a disability of mind of such a nature or to such an extent as to make him unsuitable for education or training in a special school,
and any report of any such decision as is mentioned in head (b) above issued by an education authority to a local health authority before such commencement, being a decision made or a report issued under the Education (Scotland) Act 1946 (c. 72) or under the principal Act as in force immediately before such commencement, and in force at such commencement, shall, subject to paragraph 8 below, continue in force and be deemed to be -
(i) in the case of such a decision as is mentioned in head (a) above, a decision under section 65 of the principal Act as set out in this Act to the effect that the child requires special education, being a decision duly notified to the parent of the child under paragraph (i) of subsection (1) of that section;
(ii) in the case of any such decision as is mentioned in head (b) above, a decision under section 66B of the principal Act
[page 52]
as set out in this Act to the effect that the child is suffering from a disability of such a nature or to such an extent as to make him unsuitable for education or training either by ordinary methods of education or by special education;
(iii) in the case of any such report as aforesaid, a report of a decision under the said section 66B as so set out issued by the education authority to the local authority;
but so however that section 66A of the principal Act as set out in this Act shall not (except in so far as it relates to a determination under section 66 of the principal Act as so set out) apply in relation to a decision deemed by virtue of paragraph (i) above to be a decision under section 65 of the principal Act as so set out.
(2) In this paragraph the expression "local authority" shall have the same meaning as in the Social Work (Scotland) Act 1968 (c. 49):
Provided that until section 1(4) of the said Act of 1968 comes into operation the expression "local authority" shall mean a local health authority within the meaning of the National Health Service (Scotland) Act 1947 (c. 27) (including a joint committee or board constituted under section 20 of that Act).
8. Where immediately before the commencement of this Act there is pending -
(a) a reference to the Secretary of State under section 64(2) of the principal Act, or
(b) an appeal to the sheriff under section 64(4) of that Act, or
(c) a review of a decision of an education authority under section 65(4) of that Act, or
(d) an appeal to the Secretary of State under section 65(6) of that Act,
any such reference. appeal or review may be proceeded with in accordance with the provisions of the principal Act as if this Act had not been passed.
Educational endowments
9. Any scheme for the reorganisation of an educational endowment approved by Order in Council, or amended or framed by the Court of Session, under section 125 or section 127 of the principal Act before the commencement of this Act and in force at such commencement shall continue in force and have effect as if made or approved under the corresponding provision of Part VI of the principal Act as set out in this Act.
10. Where before the commencement of this Act the Secretary of State or the Scottish Universities Committee of the Privy Council has prepared the draft of a scheme for the reorganisation of any educational endowment in pursuance of section 125(2) of the principal Act, such scheme may be proceeded with in accordance with the provisions of the principal Act as if this Act had not been passed.
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Savings
11. The repeal by this Act of sections 84 and 87 of the principal Act shall not affect the payment after the commencement of this Act of any pension, gratuity or retiring allowance which was payable immediately before such commencement under either of the said sections.
12. The repeal by this Act of section 94 of the principal Act shall not affect the application of that section to any part of the annual revenue of any scheme, being a part to which that section applied immediately before the commencement of this Act.