Application of the Regulations to Independent Schools
57. The Regulations currently apply to education authorities and grant-aided schools but do not apply to Independent schools in Scotland of which there are around 100. However, the guidance on the Registration of Independent Schools in Scotland indicates that the premises must be suitable for use as a school. The accommodation standards are not set down in legislation but are based on established practices and procedures by HM Inspectors gained over many years. As it is expected that Independent Schools should provide accommodation to at least a similar standard as local authority schools it seems appropriate that the new Regulations should apply to them. As the new Regulations will apply to new and refurbished schools this should not have an undue effect on existing Independent Schools.
58. However, the power to create Regulations under section 19 of the Education Scotland Act 1980 only applies to education authorities. Therefore, if the new Regulations were to apply to Independent Schools then this would need to be considered through an Education Bill.
Question 22: Do you agree that the new Regulations should apply to Independent Schools. If not, why not?
Business and Regulation
59. The Scottish Government is committed to consulting with all parties potentially affected by proposals for new legislation, or where legislation is being changed significantly.
60. A partial Business and Regulatory Impact Assessment BRIA ( Annex C) has been prepared for the 'Updating of the School Premises (General Requirements and Standards)(Scotland) Regulations 1967 ('the 1967 Regulations')'.
61. We would welcome comments on whether there are any costs and benefits that are not captured in the analysis; please provide supporting evidence.
62. Respondents are also asked to consider if there is any additional information to enhance the BRIA; please provide supporting evidence.
Question 23: What are your views on the overall costs and savings identified in the Impact Assessment?
63. The Scottish Government is committed to promoting equality and removing or minimising disadvantage which may be experienced by different groups of people. We have a legal duty to consider the impact of policies on people who may be differently affected in relation to the 'protected characteristics' under the Equality Act 2010. The protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Question 24: Please tell us about any potential equality impacts, either positive or negative, that you consider the proposals in this consultation may have, with reference to the 'protected characteristics' listed above. Please be as specific as possible.
Child Rights and Wellbeing
64. The Child Rights and Wellbeing Impact Assessment ( CRWIA) is used to identify, research, analyse and record the impact of a proposed law or policy on children's human rights and wellbeing. CRWIA helps us to consider whether the Scottish Government is advancing the rights of children in Scotland and protecting and promoting the wellbeing of children and young people
Question 25: Are there any aspects of a child's rights or wellbeing that you think might be affected either positively or negatively by the proposals covered in this consultation?
Email: Veronica Smith
Phone: 0300 244 4000 – Central Enquiry Unit
The Scottish Government
St Andrew's House