Legislation

Published 01/01/2017.  Last updated 06/07/2026

Under the Education (Scotland) Act 1980​, education is the responsibility of local authorities. Education should be flexible and fit individual needs. learning should be appropriate for age, ability, and aptitude. It should also support the personality and talents of the individual.

Important legislation for Scottish education

The Education (Scotland) Act 1980

The Education (Scotland) Act 1980 describes the role of Education Authorities. It also outlines the rights and duties of parents.

United Nations Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child came into UK law in 1992. It is an international statement Children's rights.

Standards in Scotland's Schools Act 2000

The Standards in Scotland’s Schools etc. Act 2000 is about the provision of school education. This describes the duty of the education authority in ensuring children's rights.

Scottish Schools (Parental Involvement) Act 2006 

The Scottish Schools (Parental Involvement) Act 2006 places a responsibility on local authorities to improve parental involvement and engagement in three ways - learning at home, home-school partnerships and parental representation. 

This Statutory Guidance is for local authorities, Parent Councils and practitioners. 

The Equality Act 2010

The Equality Act 2010 concerns removing discrimination in schools and education authorities. Particularly for pupils with protected characteristics including disabilities, sexual orientation and ethnicity. This includes admission to school, provision of education, access to a benefit, facility or service, and exclusion. 

Schools and education authorities must not treat disabled pupils less favourably. They must take reasonable steps to avoid putting pupils at a disadvantage. Since September 2012, schools (including independent schools) must make reasonable adjustments. 

Children and Young People (Scotland) Act 2014

The Children and Young People (Scotland) Act 2014 concerns support for children and young people. It covers early learning and childcare, adoption, children's hearings, detention in secure accommodation, and consultation on certain proposals in relation to schools. 

Education (Scotland) Act 2016

The Education (Scotland) Act 2016 calls for educators to consider socio-economic barriers to learning. It includes the rights of children aged 12 and over under the Additional Support for Learning Act. Children who are able may act on their own behalf to influence decision making about them.

Education (Scotland) Act 1980 (Modification) Regulations 2024 

These regulations amend the 1980 Act to raise the income thresholds for eligibility for free school meals, thereby protecting entitlement for families whose income would otherwise have exceeded the prior limits due to wage increases.  

Education Scotland Act (2025) 

The Education Scotland Act (2025) reforms the national qualifications and inspection systems: it dissolves the Scottish Qualifications Authority (SQA) and establishes a new body, Qualifications Scotland. It also creates the office of His Majesty’s Chief Inspector of Education in Scotland, transferring inspection functions out of Education Scotland.  

Legislation for Gaelic Education

The Education (Scotland) Act 2016 contains provisions on Gaelic Education. These include placing a duty on education authorities to promote and support Gaelic Medium Education (GME) and Gaelic Learner Education (GLE). The Education (Scotland) Act 2016 establishes a process by which parents can request Gaelic Medium Primary Education (GMPE) from their education authority. 

Statutory Guidance has been issued under Section 9 of the Gaelic Language (Scotland) Act 2005. It consists of two parts. Part 1 provides Guidance specifically relating to the Education (Scotland) Act 2016. Part 2 provides Guidance on GME and GLE in schools.

Scottish Languages Act (2025) 

The Scottish Languages Act includes specific education provisions: it imposes a general duty on educational bodies to provide Gaelic education (or access) where relevant, and allows the use of Scots in the school curriculum.  

The Requirements for Community Learning and Development (Scotland) Regulations 2013

The CLD regulations place statutory duties on local authorities to work with partners and communities to co-produce and secure the delivery of CLD and publish a CLD plan every three years.  

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Legislation

Published 01/01/2017.  Last updated 06/07/2026

Under the Education (Scotland) Act 1980​, education is the responsibility of local authorities. Education should be flexible and fit individual needs. learning should be appropriate for age, ability, and aptitude. It should also support the personality and talents of the individual.

Important legislation for Scottish education

The Education (Scotland) Act 1980

The Education (Scotland) Act 1980 describes the role of Education Authorities. It also outlines the rights and duties of parents.

United Nations Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child came into UK law in 1992. It is an international statement Children's rights.

Standards in Scotland's Schools Act 2000

The Standards in Scotland’s Schools etc. Act 2000 is about the provision of school education. This describes the duty of the education authority in ensuring children's rights.

Scottish Schools (Parental Involvement) Act 2006 

The Scottish Schools (Parental Involvement) Act 2006 places a responsibility on local authorities to improve parental involvement and engagement in three ways - learning at home, home-school partnerships and parental representation. 

This Statutory Guidance is for local authorities, Parent Councils and practitioners. 

The Equality Act 2010

The Equality Act 2010 concerns removing discrimination in schools and education authorities. Particularly for pupils with protected characteristics including disabilities, sexual orientation and ethnicity. This includes admission to school, provision of education, access to a benefit, facility or service, and exclusion. 

Schools and education authorities must not treat disabled pupils less favourably. They must take reasonable steps to avoid putting pupils at a disadvantage. Since September 2012, schools (including independent schools) must make reasonable adjustments. 

Children and Young People (Scotland) Act 2014

The Children and Young People (Scotland) Act 2014 concerns support for children and young people. It covers early learning and childcare, adoption, children's hearings, detention in secure accommodation, and consultation on certain proposals in relation to schools. 

Education (Scotland) Act 2016

The Education (Scotland) Act 2016 calls for educators to consider socio-economic barriers to learning. It includes the rights of children aged 12 and over under the Additional Support for Learning Act. Children who are able may act on their own behalf to influence decision making about them.

Education (Scotland) Act 1980 (Modification) Regulations 2024 

These regulations amend the 1980 Act to raise the income thresholds for eligibility for free school meals, thereby protecting entitlement for families whose income would otherwise have exceeded the prior limits due to wage increases.  

Education Scotland Act (2025) 

The Education Scotland Act (2025) reforms the national qualifications and inspection systems: it dissolves the Scottish Qualifications Authority (SQA) and establishes a new body, Qualifications Scotland. It also creates the office of His Majesty’s Chief Inspector of Education in Scotland, transferring inspection functions out of Education Scotland.  

Legislation for Gaelic Education

The Education (Scotland) Act 2016 contains provisions on Gaelic Education. These include placing a duty on education authorities to promote and support Gaelic Medium Education (GME) and Gaelic Learner Education (GLE). The Education (Scotland) Act 2016 establishes a process by which parents can request Gaelic Medium Primary Education (GMPE) from their education authority. 

Statutory Guidance has been issued under Section 9 of the Gaelic Language (Scotland) Act 2005. It consists of two parts. Part 1 provides Guidance specifically relating to the Education (Scotland) Act 2016. Part 2 provides Guidance on GME and GLE in schools.

Scottish Languages Act (2025) 

The Scottish Languages Act includes specific education provisions: it imposes a general duty on educational bodies to provide Gaelic education (or access) where relevant, and allows the use of Scots in the school curriculum.  

The Requirements for Community Learning and Development (Scotland) Regulations 2013

The CLD regulations place statutory duties on local authorities to work with partners and communities to co-produce and secure the delivery of CLD and publish a CLD plan every three years.  

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