School premises regulations - updating proposals: consultation

Regulations that are to be updated

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.’

32. 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 learning to support the needs of learners and the curriculum. As there is no other legislation which prescribes that recreational outdoor space is required adjacent to the school building, it is therefore necessary to retain this Regulation. To assist in ensuring that outdoor spaces are adequate and appropriate, it is proposed to add the requirements below which have been developed collaboratively for the SG/CoSLA school building programme, the Learning Estate Investment Programme.

Requirement for enhanced outdoor/playground spaces

33. External sqm/pupil will be as above for a primary/secondary campus project using the capacity for each in the tables above.

34. External enhanced areas should be appropriate for a range of activities for each specific school and be accessible by all learners and staff. These may include;

• Social/dining – such as, covered extensions to dining halls for outdoor eating, remote covered seating, amphitheatres and outdoor spaces for events and assemblies, rain and sun canopies, and shelters, planting and furniture for courtyards.
• Outdoor learning – such as, horticulture areas, makers yard, construction skills area, performance spaces, covered outside classroom, furnished teaching balconies with specific educational or staff purposes.
• Active spaces – such as, running track, throws facility, specialist sports surface courts –potentially covered, enclosed multi-use games areas with floodlighting, Early Years equipment.

Question 5: Should this regulation be retained and be updated to require schools to have a mix of outdoor environments to further support the delivery of learning, play, sport and access to nature? If not, why not?

Sites for playing fields

Regulation 8:

(2) Every secondary school shall have available to it playing fields not less than the area specified in Table V according to the number of pupils for which the school is designed except where the provisions of regulation 8(4) apply:Provided that where the number of pupils is less than 320 the area of the playing fields shall be such as may be approved in each case.

(2A) Every nursery school and every nursery class in a primary school shall have available and in close proximity to it a garden playing space of not less than an area of 9·3m2 per pupil of which a minimum area of 3·7m2 per pupil shall be paved.

(2B) Paragraph (1) of this regulation in its application to a primary school with a nursery class or classes shall have effect as if for the word “pupils” there were substituted the words “pupils, other than nursery pupils.”.

(3) Every school providing both primary education and secondary educationshall have available to it playing fields of an area such as may be approvedin each case.

(4) Where in any case the Secretary of State is satisfied that it is impracticable or would be unreasonable to apply the standards prescribed in this regulation the area of the playing fields shall be such as may be approved.’

35. For primary and secondary schools, it is a requirement that there are playing fields available and for primary schools it is a further requirement that playing fields are in close proximity to the school. This allows schools to source their playing fields from outside providers if necessary and there is no intention to remove this provision.

36. In recent years there has been an increasing move towards the use of synthetic pitches (SP) as they provide greater playing capacity and use all year round than grass pitches. Given this, it would appear appropriate to allow a reduced area of provision if this includes SP. It is acknowledged that most of the SP will be synthetic grass pitches but to allow flexibility for other potential surfaces, the provision will refer to SP.

37. Consideration needs to be given to the circumstances of the site, and should also consider the wider community need, including the sporting community, in deciding what the mix of outdoor facilities should be. The increase of shared campuses means that the requirements of primary/secondary/additional support needs in a single setting also has to be taken into account. When determining the area required for a shared school campus the total number of pupils and the area provision for secondary school is to be used.

38. It is proposed that this Regulation is updated to provide for a minimum area if there are only grass pitches at a school and the minimum area if there are only SP at a school. However, a mixture between the two - as well as nature spaces - is likely to be the preferred option and therefore the area required in some circumstances will be less than that currently defined for grass pitches. Sportscotland provides guidance on the recommended provision of school playing fields within their planning and design guidance, and this will be included/referred to within the non-statutory guidance which will accompany the Regulations.

39. Currently, the Regulation also provides that every nursery school and every nursery class in a primary school shall have available in close proximity to it a garden playing space. However, this aspect of accommodation of nursery classes and schools will be regulated by the Care Inspectorate and so the intention is that this part of the Regulation will be removed.

Proposed updated Regulation 8:

Sites for playing fields Primary school

Question 6: Do you agree that if there is a mixture of grass pitches and SP then the area required in some circumstances can be less than that currently defined for grass pitches? If not, why not?

Educational accommodation in primary schools and secondary schools

Regulation 9 and 10:

Educational accommodation in primary schools

‘Every primary school shall include educational accommodation of not less than the area specified in Table VI according to the number of pupils for which the school is designed:

Provided that in every primary school where the number of pupils is less than 25 or more than 630, the area of educational accommodation shall be such as may be approved in each case.’

Educational accommodation in secondary schools

Every secondary school providing courses for pupils at all stages of secondary education shall include educational accommodation of not less than the area specified in Table VII according to the number of pupils for which the school is designed:

Provided that the area of educational accommodation shall be such as may be approved in each case in every secondary school

(a) where the number of pupils is less than 320 or more than 1,800, or

(b) which does not provide at all stages for pupils of all abilities (excluding those requiring special educational treatment) in the locality which it serves.

40. Educational accommodation means all the internal space within schools that is designed to be suitable for educational purposes, including accommodation for assembly, dining, study, music, physical education, shower and changing rooms, storage etc. Classroom size should be appropriate to allow effective teaching, and no area of the school should compromise health and safety.

41. The current minimum area prescribed in the regulations do not reflect current standards/practice and are unrealistically small. Over the past few decades, schools have required to become larger than was the case when the original regulations were published. This is attributable to a number of factors:

• Curriculum for Excellence scenario based learning e.g. collaborative spaces, learning plazas, breakout space
• Additional social spaces
• Curriculum choice expansion e.g. computer suites
• Mandatory 2 hours of PE e.g. additional halls, fitness suites, storage, dance studios
• ASL inclusion e.g. nurture spaces, sensory spaces, quiet rooms, additional support staff
• Building services e.g. computer server spaces, mechanical ventilation plant
• Accessibility e.g. wider circulation spaces, larger entrance areas, accessible toilets and changing

42. The areas proposed below have been tested during Scotland’s Schools for the Future and Learning Estate Investment programmes and also in schools procured directly by local authorities.

43. These metrics were developed by assessing the mean accommodation area of existing primary and secondary schools in Scotland. It would seem appropriate to use these as the starting point for the new standard and include in the Regulation reference to the most up to date accommodation metrics published by the Scottish Government. The metrics used at the moment to build new schools have been adjusted in the table below to reflect current observations that efficiencies can be made when designing larger schools:

Note: For primary/secondary campuses the area metric for the primary element is reduced by 0.5m2/pupil to reflect that there will be spaces shared with the secondary e.g. plant/boiler rooms, kitchens etc.

44. These accommodation metrics provide an acceptable minimum area for space within a school, but local authorities may choose to build schools larger than this. However, if local authorities wish to build smaller than this then exceptionally, they may seek approval from the Scottish Government on a case-by-case basis.

Question 7: Do you agree that accommodation metrics is an appropriate method to calculate the educational accommodation required? If not, why not?

Note: that the pupil banding and area metric minimums are subject to potential change following feedback.

Sanitary accommodation for pupils

Regulation 15 and 16:

Sanitary accommodation for pupils

‘(1) Subject to paragraph (1A) of this regulation, in every school sanitary accommodation shall be provided for the pupils by appliances on a scale not less than that specified in Table VIII: Provided that, except where paragraph (1A) of this regulation applies, in every school which is not designed exclusively for girls half the accommodation shall be for boys and not more than one third of the appliances for boys shall be water closets and the remainder shall be urinals, each [ 610 mm ] length of urinal being counted as one appliance for the purposes of Table VIII.

(1A) Every nursery school and every nursery class in a primary school shall have not less than 1 water closet for every 10 pupils.

(2) In every school providing for pupils beyond stage P IV in the sanitary accommodation for girls there shall be suitable provision for the disposal of sanitary towels.

(3) In every school every sanitary appliance or group of sanitary appliances shall be situated near to a wash basin or wash basins.

(4) In every school every water closet shall be provided with a partition sufficient to secure privacy and, except in relation to a nursery school or nursery class in a primary school, with a lockable door.’

Washing accommodation for pupils

In every school, washing accommodation shall be provided for the pupils by wash basins on a scale not less than that specified in Table IX.

45. There has been much public debate about the issue of school toilets in recent years, including in the context of the Supreme Court judgment in For Women Scotland Ltd v Scottish Ministers, and the decision in Hurley v Scottish Borders Council. It is important that we therefore seek all views as part of this consultation, and that updated regulations provide the basis for the minimum provision that must be made available in order to support the needs of all pupils, while also recognising that the use of that provision, and decisions for any additional provision, are for education authorities and schools in consultation with their school communities.

46. The existing Regulation provides a higher number of appliances per pupil than is required for employees within the Technical Handbook for non-domestic buildings and the school provision recommended in British Standard 6465-1:2006. This is because of the unique circumstances surrounding schools where access to facilities may have peaks at break times. This is particularly important in smaller schools, which are prevalent in Scotland, where the existing Regulations provision may be double that prescribed in the British Standard. We therefore propose that a higher level of appliances is maintained.

47. However, the provision should also be updated to reflect the needs of schools and school populations. Currently, the Regulations state that half the accommodation shall be for boys does not refer to gender neutral toilets or provision for disabled children and young people.

48. Regulations need to include provision of separate sanitary facilities for boys and girls except where they are provided as a fully lockable room (including hand washing) for use by one pupil at a time. We do not, however, consider that the current ratio of provision for boys (half) should be retained, as school populations will vary and distribution will need to be decided on locally in line with the statutory responsibilities of local authorities. Regulations must also take account of pupils who require to use gender neutral toilets and those who require accessible facilities. The same facility/toilet may provide for both of these needs in some circumstances.

49. Modern practice is also for less reliance on urinals, and therefore the specifications on required provisions of urinals should be removed. As nursery schools and nursery classes are regulated by the Care Inspectorate, the provision that applies to nursery schools and nursery classes within a primary school will also be removed.

50. To ensure that provision meets recognised standards, accessible sanitary facilities for pupils who are disabled should be provided in accordance with the guidanceto standard 3.12 Sanitary Facilities within the non-domestic Technical Handbook.As the provision of wash hand basins is related to the number of toilets provided,it seems appropriate that this issue is also provided for in this Regulation. However,it is considered that the current Regulation also needs to be updated to provide that sanitary disposal units should be provided in all cubicles used by girls aged 8 or over which is a requirement within the British Standard 6465-1:2006.

51. The current Regulations cover changing accommodation and showers, given the term “educational accommodation” includes references to both terms. It is considered that for clarity, the new Regulations should provide that showers must be provided for the use of pupils aged 11 years or over engaged in physical education and should be accessible from the changing rooms for all users. These showers should be separate for both boys and girls and, where appropriate, gender neutral / individually lockable showers should be provided. British Standard 6465-1:2006 details that there should be one shower per 10 pupils or part thereof engaged in physical education.

Question 8: Do you agree that the number of appliances per pupil as set out as above are still appropriate? If not, why not?

Question 9: Do you agree that these proposals cover the modern requirements for toilet and washing facilities? If not, why not?

Medical inspection and rest room accommodation

Regulation 18:

‘(1) In every school suitable accommodation shall be available for the conduct of medical inspection of pupils under section 58(1) of the Act of 1962 unless, in the exercise of the powers conferred upon him by paragraph (1) of Regulation 8 of the School Health Service (Scotland) Regulations 1947, the Secretary of State has approved the conduct of medical inspection elsewhere than at the school. The accommodation for medical inspection shall include a water closet and a wash basin with separately controlled supplies of hot and cold water.

(2) In every secondary school and in every school providing both primary and secondary education there shall be available accommodation suitable for use as a rest room which shall be adjacent to a water closet and a wash basin with separately controlled supplies of hot and cold water.’

52. It is still necessary to have a Regulation which ensures the provision of accommodation for the medical examination and treatment of pupils and appropriate facilities for pupils who are ill or injured. However, the current Regulation is out of date with reference to the Education (Scotland) Act 1962 and School Health Service (Scotland) Regulations 1947 so it would be appropriate to update this Regulation.

53. Section 57 of the Education (Scotland) Act 1980 refers to the requirement in section 39 of the National Health Service (Scotland) Act 1978 that medical and dental examination and inspection of pupils is provided. Therefore, there is still a legal basis for securing accommodation in this matter and similarly, under health and safety requirements, a rest room is required for pupils who are ill or injured.

54. This Regulation should be updated to remove reference to out-of-date legislation and to ensure the provision of a medical room for medical and dental checks.

55. The need to undertake examinations and a rest room for the short-term care of sick and injured pupils which includes or is adjacent to a toilet facility. For schools that cater for children with complex needs, additional medical accommodation must be provided which caters for those needs.

Question 10: Do you agree that this covers the requirements for medical inspection and rest room accommodation? If not, why not?

Wellbeing Spaces

56. To support pupils who may feel more comfortable being alone or in smaller groups, it is proposed that schools should include wellbeing spaces, such as nurture spaces. These should be safe and quiet places where children and young people can choose to go if they find the general school environment overwhelming or challenging.

57. These spaces should be designed to reduce noise and help pupils feel calm and have windows or clear panels so staff can check in without causing distractions. They should be close to classrooms so pupils can get to them easily when needed. Each space should be big enough for at least three people but could be larger if needed. There should also be a bigger wellbeing space for the whole school that feels warm, welcoming, and comfortable.

58. These spaces should be separate from those designed specifically for pupils with additional support needs. Pupils requiring such support should continue to have access to their own dedicated, safe spaces, which are different from the general wellbeing areas available to everyone in the school.

Question 11: Do you agree that wellbeing spaces, including nurture spaces, should be included in the regulations? If not, why not?

Digital Infrastructure and Connectivity

59. We propose that all new or substantially refurbished schools should be designed and equipped to support high-quality digital learning and teaching. This includes provision for reliable, high-capacity connectivity, flexible networking infrastructure, and secure access to digital resources, commensurate with the educational aims and pedagogical approaches of the establishment. Rather than prescribing a universal metric, we propose that the standard should require that digital infrastructure is sufficient to support the intended curriculum and operational needs and is adaptable to future technological developments.

Question 12: Do you agree that the updated regulations should include a principle-based requirement for digital infrastructure and connectivity in all schools? If not, why not? Please provide examples of how digital provision supports educational outcomes in your context.

Lighting

Regulation 21:

‘(1) Subject to the provisions of this regulation, in every school building the lighting, both natural and artificial, of each room or other space shall be appropriate to the purpose for which the room or other space is provided.

(2) In all educational accommodation the level of maintained illumination on the plane at the height of the top of the desk or at such other height from the floor as may be appropriate in the circumstances shall not be less than 108 lux per square foot.

(3) In all teaching spaces the minimum daylight factor on the plane at the height of the top of the desk or at such other height from the floor as may be appropriate in the circumstances, shall be 2 per cent:Provided that where lighting is provided by a combination of daylight at less than a 2 per cent factor and a form of permanent supplementary artificial lighting, the daylight factor, the level of maintained illumination and the form of permanent supplementary artificial lighting shall be such as may be suitable in each case, having regard to the normal use of the room.

(4) In any teaching space no part of any light fitting (or mirrored image thereof) having a maximum luminance greater than 5,100 candela per square metre or an average luminance greater than 3,400 candela per square metre, shall be in such a position as to be visible to any pupil or teacher working in the teaching space in a normal position within an angle at the eye of 135 degrees from the perpendicular from the eye to the floor.

(5) So much of the light emitted from the light fittings shall illuminate the ceiling and upper parts of the walls as is necessary to prevent excessive contrast between the fittings and their background.

(6) In all educational accommodation and kitchens, there shall be adequate provision for protection against glare from the sky and the sun.

(7) In this regulation the words “candela”, “illumination”, “light”, “luminance” and “lux” shall have the meanings attributed to them in Part 4, Group 01, of the Glossary of Electrotechnical, Power, Telecommunication, Electronics, Lighting and Colour Terms, published under the authority of the Executive Board of the British Standards Institution in April 1971’

60. The current Regulation requires that in every school building the lighting, both natural and artificial, of each room or other space shall be appropriate to the purpose for which the room or other space is provided and then prescribes the level or sources of light which are somewhat out of date.

61. Lighting is covered within the ‘Silver and Gold Sustainability Levels’ of the sustainability section (Section 7) of the non-Domestic Technical Handbook. The intention of Section 7 is to encourage the adoption of more demanding sustainability standards in buildings.

62. As lighting is important to a pupil’s ability to learn, it is considered that Regulation should be retained in this area but simplified. The standard should ensure thatthe lighting, both natural and artificial, of each room or other space shall be appropriate to the purpose for which the room or other space is provided.It is important schools deal with sun glare in an appropriate manner to minimisethe need to close window blinds/shutters for prolonged periods. Supplementary non-statutory guidance will be provided on how appropriate lighting can be achieved and it will refer to the following guidance: Lighting Guide 05:Lighting for education (2011) | CIBSE

Question 13: Do you agree this covers the requirements for lighting? If not, why not?

Ventilation

Regulation 22:

‘(1) Every part of the school building shall be provided with means of adequate ventilation, having regard to the use for which it is designed.

(2) In every kitchen and in every other part of the school building in which there may be steam or fumes, adequate measures shall be taken to limit condensation and to expel noxious fumes.’

63. We recognise the importance that good indoor air quality plays in assisting children and young people’s learning. Throughout the Covid pandemic, Scottish Government worked closely with expert bodies, local authorities and other key stakeholders regarding ventilation and CO2 monitoring in schools. In 2021, funding of £10m was made available to local authorities to improve ventilation in schools - with a further £4.8m being made available in 2022. All learning, teaching and play spaces in Scotland were equipped with a CO2 monitor. Therefore, significant ventilation/CO2 monitoring equipment is already in place in schools across the country.

64. The Technical Handbook Non-domestic buildings (3.14) contains guidance to appropriate levels of ventilation in buildings. Ventilation requirements are also covered in Regulation 6 of the workplace regulations. There should be reference to Building Bulletin 101: Guidelines on ventilation, thermal, comfort and indoor air quality in schools.

Question 14: Do you agree that this Regulation should be retained and updated? If not, why not?

Heating

Regulation 23

‘(1) The heating system in every school building shall be such as to secure that, when the outside temperature is 0 degrees Celsius and when the heating system is heating air at a rate specified in column (2) of Table X the temperature at a height of not more than 1 metre from the floor shall be the temperature specified in column (3) as appropriate to the type of accommodation specified in column (1).

(2) In every school building the water temperature of a swimming pool shall be not less than 24°C, and the air temperature in the hall of a swimming pool shall be not less than the chosen water temperature.’

65. Heating and cooling requirements are covered in Regulation 7 of the The Workplace (Health, Safety and Welfare) Regulations 1992. The Approved Code of Practice accompanying this Regulation sets minimum temperatures for rooms, differentiating between those that accommodate normal levels of activity and those where more active work takes place, and advises on local heating and cooling where needed. Therefore, it is considered that a school-specific Regulation should be retained and updated to reference Building Bulletin 101 and CIBSE Technical Memorandum 52.

Question 15: Do you agree this Regulation can be retained and updated? If not, why not?