Regulations that are to be retained unchanged
Educational accommodation in schools providing both primary and secondary education
Regulation 11: Every school providing both primary and secondary education shall include an area of educational accommodation as may be approved in each case.
17. In certain circumstances, particularly in rural areas, education authorities may decide that a joint primary and secondary school is the most suitable provision. As the Regulations also prescribe standards for primary and secondary school separately, it is considered appropriate that this Regulation which allows the educational accommodation for schools providing both primary and secondary education to be approved by the Scottish Ministers, should be retained.
Question 1: Do you agree that this Regulation should be retained? If not, why not?
Educational accommodation in special schools
Regulation 13: Every special school shall include an area of educational accommodation as may be approved in each case.
18. The educational accommodation needs in special schools will be vastly different to that in mainstream primary or secondary schools. Teacher:pupil ratio will be higher so classroom sizes are likely to be larger for the number of pupils accommodated and there may also be specialised provision such as healthcare accommodation, a hydrotherapy pool, sensory room, learning environments, as well as outside learning and social spaces. Therefore, it is considered to be appropriate that this Regulation which allows the educational accommodation to be approved by Scottish Ministers should be retained.
Question 2: Do you agree that this Regulation should be retained? If not, why not?
Outdoor education and recreational areas
Regulation 20: At every school there shall be provided immediately adjacent to the school building an outdoor area or outdoor areas laid out and surfaced for educational and recreational activities.
19. The current Regulation requires that there is a provision for outdoor space which is additional to the provision of playing fields. This allows pupils an important opportunity for physical exercise and socialising during break-time and the opportunity for outdoor education. As there is no other legislation which prescribes that recreational outdoor space is required adjacent to the school building it is necessary to retain this Regulation unchanged.
Question 3: Do you agree that this Regulation adequately covers the requirements for outdoor educational and recreational areas? If not, why not?
Regulation 24: Every part of the school building shall have acoustic conditions and insulation against disturbance by noise appropriate to the use for which the part of the building is designed.
20. Background noise can be a significant obstacle to effective listening. Favourable school acoustics benefit pupils and teachers alike improving pupils' well-being and educational performance as well as enhancing a school's suitability for alternative uses. Acoustics are covered within the 'Silver and Gold Sustainability Levels' of the sustainability section (Section 7) of the Technical Handbook. The intention of Section 7 is to encourage the adoption of more demanding sustainability standards in buildings. However, there is no mandatory requirement, under the building regulations, for the provisions of the Silver and Gold levels to be achieved by school buildings. Therefore it is necessary to retain this Regulation unchanged. Supplementary non-statutory guidance will be provided on how suitable acoustic conditions can be achieved.
Question 4: Do you agree that this Regulation adequately covers the requirements for acoustic conditions? If not, why not?
(1) In every school building wholesome water in sufficient quantities shall be provided for drinking and for all other purposes.
(2) Each wash basin or group of wash basins shall have a supply of water warmed sufficiently for washing purposes.
(3) All sinks to be used for general purposes and baths shall have an adequate supply of separately controlled hot and cold water.
(4) Every shower shall have a supply of water warmed to a temperature of not less than 38°C nor more than 44°C.
21. The provision and accessibility of drinking water for staff is covered by the WRs, but no other legislation covers water supplies for pupils. Similarly no other legislation covers hot and cold water supplies to pupils' toilets, baths or showers, nor addresses the risk to children of scalding. Regulation in this area should therefore be retained.
Question 5: Do you agree that this Regulation adequately covers the requirements for water supply? If not, why not?
Regulation 26 
22. This Regulation applies Parts I and III of the 1967 Regulations to the premises and equipment of grant-aided schools. Currently there are around 8 grant-aided schools in Scotland and it is proposed that the new Regulations will continue to apply to grant-aided schools.
Question 6: Do you agree that the new Regulations should apply to grant-aided schools? If not, why not.
Email: Veronica Smith
Phone: 0300 244 4000 – Central Enquiry Unit
The Scottish Government
St Andrew's House