School premises regulations - updating proposals: consultation

Regulations that are proposed to be retained

Acoustic Conditions

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.’

26. Background noise can be a significant obstacle to effective aural communication listening, particularly for people who have hearing loss or who have neurodivergent characteristics. Favourable school acoustics benefit pupils and teachers alike, improving pupils’ wellbeing and educational performance as well as enhancing a school’s suitability for alternative uses.

27. 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.

28. Therefore, it is necessary to retain this Regulation and now include a link to Building Bulletin 93: Acoustic design of schools - performance standards.

Question 1: Do you agree that adding a link to Building Bulletin 93 for this Regulation adequately covers the requirements for acoustic conditions? If not,why not?

Water supply

Regulation 25:

‘(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’

29. The provision and accessibility of drinking water for staff is covered by the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020, which place a duty on an Education Authority and grant aided schools (and hostels maintained by Education Authorities) to ensure that drinking water is provided free of charge at all times. No other legislation expressly covers hot and cold water supplies to pupils’ toilets, or showers, nor addresses the risk to children of scalding. Regulation in this area should therefore be retained.

Question 2: Do you agree that this Regulation adequately covers the requirements for water supply? If not, why not?

Grant-Aided Schools

Regulation 26:

‘It shall be a condition of grants made by the Secretary of State under Section 76 of the Act of 1962 in aid of the expenditure of the managers of any grant-aided school that [ (a) section 20(1A) of the Act of 1962 as it applies to an education authority, and (b) Part I and Part III ] of these regulations shall apply to the premises and equipment of the school under their management as they apply to the premises and equipment of schools under the management of education authorities. If the Secretary of State is satisfied, after consultation with the managers of a grant-aided school, that it is impracticable or would be unreasonable to apply the standards prescribed in the said Part III to the premises and equipment of that school, he may by order modify standards for that school.

[Provided that this Regulation shall not apply to any grant-aided school which is a specified school within the meaning of the Grant-Aided Secondary Schools (Scotland) Grant Regulations 1976 in respect of any financial year of that school within the meaning of those Regulations [as amended]’

30. This Regulation applies Parts I and III of the 1967 Regulations to the premises and equipment of grant-aided schools. Currently there are 7 grant-aided schools in Scotland and it is proposed that the new Regulations will continue to apply to grant-aided schools.

Question 3: Do you agree that the new Regulations should apply to grant-aided schools? If not, why not?

Kitchen premises

Regulation 14:

‘(1) In every school other than a nursery school or a school to which the next following paragraph applies, there shall be available sufficient and suitable kitchen premises for the preparation, cooking and serving of meals and for washing up.

(2) Where arrangements have been made for the preparation and cooking of meals elsewhere than at the school, sufficient and suitable accommodation shall be provided at the school for the serving of the meals and for washing up.’

31. Food hygiene is covered by the Food Hygiene (Scotland) Regulations 2006 and it sets out the basic hygiene requirements for premises, facilities and staff involved in the preparation and serving of food. Although the area accommodation metrics includes an area for kitchens and dining, we feel that given the roll out of free school meal policy and breakfast clubs that it is important to retain this regulation.

Question 4: Do you agree that this Regulation can be retained? If not, why not?