Regulations 1–5 (2006 text)
Citation, interpretation, applications for registration, and the particulars information proprietors must furnish to the Registrar of Independent Schools — as originally made in 2006. Regulation 2(1) has since been amended (see AMENDMENT-2021.md and the README).
Regulation 1 — Citation , commencement and revocation
1 These Regulations may be cited as the Registration of Independent Schools (Scotland) Regulations 2006 and shall come into force on 1st July 2006.
Regulation 2 — Interpretation
- a “boarding ”in relation to a pupil means a pupil provided with accommodation at a school (or elsewhere under arrangements made by the proprietor of the s chool), and in relation to a school means a school which provides or makes arrangements for the provision of accommodation for such pupils;
- b “child care position”means a child care position within the meaning of the Protection of Children (Scotland) Act 2003;
- c “the Council”means the General Teaching Council for Scotland;
- d “electronic address” means such address as may be provided for by electronic means, and references to the doing of anything in writing shall include references to the doing of that thing by means of a document–
- e “the 1980 Act”means the Education (Scotland) Act 1980; and
- f “the 1997 Act”means the Police Act 1997.
- a if the signature is written; or
- b in the case of a document which is transmitted electronically in accordance with these Regulations by the electronic signature, within the meaning of section 7 of the Electronic Communications Act 2000, of the person who is required to sign it.
3 References in these Regulations to “relevant person”shall be construed where applicable in accordance with section 103A(6) of the 1980 Act.
4 References in these Regulations to “employed” shall be construed to include carrying out work of any kind, whether paid or unpaid and whether under a contract of service, contract for services, or otherwise than under a contract.
Regulation 3 — Application for registration of an independent school
Every application for the registration of an independent school shall–
- a be made in writing by the proprietor of that school to the Scottish Ministers;
- b include information as to the particulars specified in Schedule 1 and such of the information as to the particulars specified in Schedule 2 as is available and applicable at the time the application is made; and
- c include a statement signed by the proprietor that, to the best of the proprietor’s knowledge and belief, the in formation provided in the application is true and accurate.
Regulation 4 — Particulars information to be furnished to Registrar by proprietors of registered schools
1 Subject to paragraph (2), information as to the particulars specified in Schedules 1 and 2 relating to a registered school shall be furnished in writing to the Registrar by the proprietor of that school in September of each year.
2 The Registrar may, prior to September of each year, advise in writing the proprietors of registered schools that they do not require to furnish the particulars information specified in Schedules 1 and 2, either in part or in full, if such information is already known to the Registrar.
Regulation 5 — Notification to Registrar of changes to certain particulars
1 Within one month of the occurrence of a designated change affecting a registered school the proprietor shall furnish the Registrar with–
- a written notification of–
- b information in writing as to such of the particulars specified in paragraph (3) as are applicable.
2 In paragraph (1), “designated change”means a change in any of the particulars specified in paragraphs 1 to 8 of Schedule 1.
- a where there is a change of proprietor, the name, postal address, electronic address, telephone number and facsimile number of the new proprietor and the relevant details of the new proprietor in terms of paragraph 6, 7 and 8 of Schedule 1, together also with a statement as referred to in paragraph 10(a) of Schedule 1, in respect of the new proprietor;
- b where there is a change of the school’s name, the new name of the school; and
- c where there is a change of the school’s location, the new postal address of the school together with, if changed, the new electronic address, telephone number and facsimile number.
Sources
- legislation.gov.uk — Registration of Independent Schools (Scotland) Regulations 2006 (SSI 2006/324)
- legislation.gov.uk — Registration of Independent Schools (Scotland) Amendment Regulations 2021 (SSI 2021/251)
- legislation.gov.uk — Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (SSI 2025/74)
- legislation.gov.uk — changes affecting SSI 2006/324