Part 1: Main Provisions Section 38 and Schedule 17: Temporary continuity: education, training and childcare Part 2 - Scotland
Section 38(2) and Part 2 of the Schedule confer on the Scottish Ministers powers to make directions in connection with the running of educational establishments in Scotland.
	Under paragraph 10(1), a relevant operator of an educational establishment is under a duty to have regard to any advice relating to coronavirus from the Chief Medical Officer of the Scottish Administration. Before issuing a direction under paragraph 11, the Scottish Ministers must also have regard to such advice and must be satisfied that the giving of the direction is a necessary and proportionate action for or in connection with the continued provision of education.
	Paragraph 11(1) provides that the Scottish Ministers may give an educational continuity direction to one or more named educational establishments in Scotland, to all educational establishments in Scotland or any part of Scotland, or to educational establishments in Scotland of a particular description.
	Paragraph 11(2) defines an educational continuity direction as a direction relating to the continuing operation of an educational establishment for a specified period.
	Paragraph 11(3) provides that an educational continuity direction may provide that any failure to comply with a duty or time limit imposed under any enactment or rule of law relating to education is to be disregarded where an educational continuity direction is in force. A direction in these terms must be reviewed every 21 days (under paragraph 13(4)).
	Paragraph 11(4) provides that an educational continuity direction may confer additional functions on a relevant operator relating to the provision of early learning and childcare, schools education, further education or higher education; the provision of related services (for example, out of school care); or the use of the operator’s premises for the purpose of protecting public health. Further provision on the types of matters that may be specified in an educational continuity direction are set out in subparagraph (4)(b) to (m). This includes requiring an educational establishment to open, stay open or re-open; requiring a relevant operator to allow people (who would not otherwise attend) to attend an establishment under that operator’s management; requiring measures to ensure hygiene standards be put in place; and requiring the alteration of term dates, holiday dates or exam dates.
	Paragraph 11(5) defines "relevant operator", "relevant premises" and "specified" for the purposes of Part 2 of the Schedule.
	Paragraph 12(1) provides that a relevant operator must comply with an educational continuity direction. Enforcement of compliance is by way of an application by the Scottish Ministers for an interdict or specific implement.
	Paragraph 12(2) provides that the Scottish Ministers may issue guidance in relation to compliance with their functions under this Part, and a relevant authority must have regard to any such guidance.
	Paragraph 13(1) requires Ministers to publish an educational continuity direction. A direction has effect for the period specified in it, or until revoked by a further direction.