Prescribing the minimum annual number of learning hours: consultation

4. Legislative provision on Learning Hours

4.1 Section 21 of the 2016 Act, once fully commenced, inserts section 2ZA into the 1980 Act which will make the following provision for learning hours: 

• to require education authorities and the managers of grant-aided schools to secure the provision of no fewer than the prescribed learning hours for each pupil for whom the authority/managers are responsible;
• to confer a power on the Scottish Ministers to prescribe by regulations (subject to the affirmative procedure) the number of learning hours in each school year. These regulations may make different provision for different purposes and make different provision for different types of pupil. Before making any such regulations, the Scottish Ministers must consult such persons as they consider appropriate;
• to provide that education authorities/grant-aided schools may provide fewer than the prescribed learning hours to a pupil in certain circumstances (including where the pupil's wellbeing would be adversely affected; matters outwith the authority's control; other circumstances Ministers may prescribe by regulations); and
• to amend the mechanism in section 133(4) of the 1980 Act so that the Scottish Ministers may by direction disapply or modify the application of the duty to provide the prescribed learning hours where it would be unreasonable that it should apply or apply unmodified.