School premises regulations - updating proposals: consultation

Regulations that are to be removed

General Requirements

Regulation 4:

‘For the purposes of section 20(1A) of the Education (Scotland) Act 1962 (specification of exceptions to requirement of written approval by the Secretary of State before commencement of works therein specified) the following cases are prescribed, that isto say

(a) works for the erection of any school building on land acquired for any such use as is mentioned in that subsection other than those which are to be executed at a cost in excess of £1m in connection with the provision of premises for a new school or new premises for an existing school;

(b) works for the extension or alteration of any school building upon such land; and, in this regulation, the expression “cost” in relation to any works means building costs and does not include any cost incurred in respect of professional fees, furniture or equipment.’

66. This Regulation prescribed the amount above which education authorities required written approval from the Secretary of State before the commencement for works for the erection of any school building or new premises for an existing school. This was set at a cost in excess of £1m in 1979. This relates to the historical situation at that time of how school infrastructure development was funded.

67. The current situation is that local authorities have the statutory responsibility to manage/maintain the school estate in Scotland and each authority has its own capital programme, to deliver both national and local investment priorities. The Scottish Government allocates a proportion of its capital budget directly to local government to support those infrastructure investment programmes. Local authorities are able to supplement their funding from the Scottish Government through borrowing, using receipts from asset sales and other income. The reference to section 20(1A) is outdated as that provision was repealed some time ago. Therefore, this Regulation is no longer required.

Question 16: Do you agree that this Regulation can be removed? If not, why not?

Sites for primary and secondary schools

Regulation 7:

‘(1) Subject to paragraph (4) of this regulation every primary school shall have asite of not less than the area specified in Table I according to the number of pupils for which the school is designed except where the provisions of regulation 7(6) apply.

(2) Every secondary school shall have a site of not less than the area specified in Table II according to the number of pupils for which the school is designed except where the provisions of regulation 7(6) apply: Provided that where the number of pupils is less than 320, the area of the site shall be such as may be approved in each case.

(3) Every nursery school shall have a site of not less than the area specified in Table III according to the number of pupils for which the school is designed except where the provisions of regulation 7(6) apply.

(4) Paragraph (1) of this regulation in its application to a primary school with a nursery class or classes shall have effect subject to the addition to the area specified therein of 0.075 hectares where the number of nursery pupils is 20 or less and where the number of nursery pupils is more than 20, of 0.025 hectares for each additional 10 nursery pupils.

(5) The area of the site for a special school or for a building for boarding accommodation or for a school providing both primary education and secondary education shall be such as may be approved in each case.

(6) Where the Secretary of State is satisfied that it is impracticable or would be unreasonable to apply the standards prescribed in this regulation to a particular school building, the area of the site for that school building shall be such as may be approved.’

68. The size of site for a primary or secondary school or a joint campus will relate to the size of school and the number of pupils to be accommodated. Class size requirements will also influence the number of classrooms required and therefore the size of the school. As well as the educational accommodation there needs to be sufficient space for outdoor spaces (excluding school playing fields), bicycle racks, school transport drop-off points etc.

69. Site selection will be determined by the nature of the educational provision, the types of outdoor learning experiences and recreational activities that will take place at the potential site and the accessibility for the local community etc. In some communities there may be competing pressure on land availability and there may be instances where a suitable site is available but does not meet the existing size of site requirements. A multi-storey school in this context may provide an ideal educational provision, but the current requirements would not allow this unless exceptionally approved by Scottish Ministers.

70. Therefore, it is proposed that the size of site will not be prescribed in the Regulations but it is for local authorities to select the most appropriate and suitable site that meets the needs of the community, taking account of the accommodation metrics, class size requirements and outdoor space. This means looking at the school as an entity which embraces all of its functions, learning, recreation, social, cultural in relationship to its surroundings and to the local community.

Question 17: Do you agree that this Regulation can be removed? If not, why not?

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.’

71. 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 removed.

Question 18: Do you agree that this Regulation should be removed? If not, why not.

Playroom accommodation in nursery schools and classes

Regulation 12:

‘Every nursery school and every nursery class in a primary school shall include playroom accommodation of not less than the area specified in Table VIIA according to the number of pupils for which the school or class is designed.’

72. Nursery provision has changed substantially from when the Regulations first came into force with provision extending to 2 and 3 year olds. The needs of this younger age group are different and the accommodation should be appropriate for their needs.

73. The Care Inspectorate regulates and inspects care services such as day-care and nursery provision and ensure that services comply with the School Premises Regulations and its own guidance. However, as its guidance has different accommodation metrics to the School Premises Regulations there is the potential for different inspection standards between local authority run premises and premises operated by the private and third sectors. The Care Inspectorate have worked with education authorities in developing the ELC design guidance ‘Space to Grow’, which was published in 2017 and updated in 2024 as ‘Space to Grow and Thrive’.

74. It is not considered to be appropriate for there to be two systems in operation within this sector. As the Care Inspectorate carries out inspections and only registers businesses to operate if they meet the requirements in the current ELC design guidance ‘Space to Grow and Thrive’ and the Social Care and Social Work Improvement Scotland (Requirement for Care Services) Regulations 2011 then this provides assurances that the space provided in nursery schools and classes does not compromise the health and safety of young children. This Regulation is therefore no longer needed.

Question 19: Do you agree that this Regulation is no longer required and can be removed, and that ELC settings, including those housed within school buildings should be specifically excluded in the updated Regulations? 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.’

75. 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. Local authorities are best placed to know and understand the needs and requirements of children and young people with additional support needs and how best to manage their care and education so it is considered to be appropriate that this Regulation which allows the educational accommodation to be approved by Scottish Ministers should be removed.

Question 20: Do you agree that this Regulation should be removed? If not, why not?

Washing accommodation for pupils

Regulation 16:

‘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.’

76. It is proposed that the provision in this Regulation is instead covered in the revised toilets and washing facilities Regulation (see above).

Question 21: Do you agree that this Regulation is no longer required as it is met within the revised toilets and washing facilities Regulation? If not, why not?

Accommodation for staff

Regulation 17:

‘In every school accommodation including cloakroom and sanitary accommodation shall be provided for the staff.’

77. The current Regulation requires that accommodation including cloakroom and sanitary accommodation, is provided for staff. However, Regulation 11, 23 and 25 of the workplace regulations cover requirements for workstations and seating for staff, accommodation for clothing and facilities for rest and to eat meals. The Technical Handbook also details the sanitary requirements for non-domestic buildings. Therefore, it is considered that a specific Regulation on staff accommodation is unnecessary.

Question 22: Do you agree that this Regulation can be removed? If not, why not?

Storage accommodation

Regulation 19:

‘(1) In every school, in addition to storage provided in association with educational accommodation, there shall be sufficient accommodation for the storage of apparatus, books, stationery, materials, furniture, equipment, and fuel.

(2) In every school there shall be suitable facilities for the hanging and drying of pupils’ outdoor clothing and for storing pupils’ belongings.’

78. This Regulation covers the provision of storage accommodation of material in support of education and for the storage of pupils outdoor clothing and other belongings to permit the safe and convenient passage of persons and goods within buildings. The workplace regulations require that every workplace is organised in such a way that people can circulate in a safe manner. As this is a health and safety requirement and the area accommodation metrics also include an element of storage then it is considered that a Regulation on storage is unnecessary.

Question 23: Do you agree that this Regulation can be removed? If not, why not?

Self-Governing Schools

Regulation 27:

‘These Regulations shall apply to the premises and equipment of self-governing schools as they apply to the premises and equipment of public schools.’

79. This Regulation applies the standards to the premises and equipment of self- governing schools. The Self-Governing Schools etc. (Scotland) Act 1989 was repealed in 2000 and there are no self-governing schools in Scotland. Therefore, it is considered that Regulation in this area is not necessary, and it will be removed.

Impact Assessments

80. The Scottish Government is committed to consulting with parties potentially affected by proposals for new legislation, or where legislation is being changed significantly.

81. We have started the process of undertaking the full suite of impact assessments required, including Business and Regulatory Impact Assessment (BRIA), Child Rights and Wellbeing Impact Assessment (CRWIA), Equalities Impact Assessment (EQIA), Island Communities Impact Assessment (ICIA).

Equality

82. The Scottish Government is committed to promoting equality and removing or minimising disadvantage which may be experienced by different groups of people for example through socio-economic disadvantage. 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

83. 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?