Part 1: Main Provisions Section 37 and Schedule 16: Temporary closure of educational institutions and childcare premises Part 2 - Scotland
Section 37(2) and Part 2 of Schedule 16 confer on the Scottish Ministers the power to direct the temporary closure of all or part of specified educational establishments in Scotland, including local authority schools, independent schools, further education institutions, higher education institutions and registered childcare providers.
	Under these provisions a relevant authority must have regard to any advice relating to coronavirus from the Chief Medical Officer of the Scottish Administration. "Relevant authority" in this context means a relevant operator of an educational establishment, a relevant manager of school boarding accommodation, or a relevant manager of student accommodation. Before giving a direction under Part 2 of the Schedule, the Scottish Ministers must also have regard to any such advice of the Chief Medical Officer and must be satisfied that giving the direction is a necessary and proportionate action in response to the incidence or transmission of coronavirus.
	Paragraph 8(1) of the Schedule confers a power on the Scottish Ministers to give an "educational closure direction" to the relevant operator or operators of one or more named educational establishments, all educational establishments in Scotland or any part of Scotland, or educational establishments of a particular description in Scotland or any part of Scotland, to require the relevant operator to take reasonable steps to restrict access to that establishment for a specified period.
	The direction may further provide that a failure to comply with any statutory duty or time limit imposed under any enactment or rule of law relating to education be disregarded to the extent that it is attributable to an educational closure direction. Paragraph 13(4) of the Schedule requires that a direction in these terms will be subject to review every 21 days.
	An educational closure direction may include further provision as set out in paragraph 8(4). An educational closure direction can relate to specific steps to be taken, specified persons, specified premises or parts of premises, attendance for specified purposes, be framed in relation to relevant matters, or can be general.
	"Relevant operator" in relation to a school means an education authority (in the case of a public school under the management of the authority), the managers of a grant-aided school, or the proprietor of an independent school. In relation to a further education institution or a higher education institution, it means that institution’s governing body. It includes a person who provides out of school care in a school.
	Where Early Learning and Childcare ("ELC"), other school education or out of school care is provided by a person in premises other than a school, "relevant operator" also includes that person, and any reference to "educational establishment" also includes such premises. Where a child minder provides ELC or out of school care in premises that are mainly used as a private dwelling, any educational closure direction may only apply to the part of the premises in which such care is provided.
	The Act also includes provisions for the effect any educational closure direction given by the Scottish Ministers may have on the operation of other education legislation in Scotland.
	Where an educational closure direction has effect in relation to a school, paragraph 9 of the Schedule provides that any failure by an education authority to discharge any duty listed there is to be disregarded to the extent such failure is attributable to an educational closure direction. This also applies to ELC in relation to the premises that they are provided in if this is outside a school. Similar provision is made in respect of duties of education authorities in relation to additional support for learning, and the mandatory amount of ELC.
	The duty of parents to provide education to their children under section 30(1) of the Education (Scotland) Act 1980 is also disapplied in respect of a child who is a pupil at a school in respect of which an educational closure direction has effect, and is unable to attend school regularly because of the direction.
	Any failure of a child to attend a school in respect of which an educational closure direction has effect is to be disregarded for the purposes of section 35 of the Education (Scotland) Act 1980, to the extent the failure is attributable to the direction.
	Power is conferred on the Scottish Ministers under paragraph 10 of the Schedule to give a "boarding accommodation closure direction" to the relevant manager or managers of one or more named school boarding establishments, all school boarding establishments in Scotland or any part of Scotland, or school boarding establishments of a particular description in Scotland or any part of Scotland.
	A boarding accommodation closure direction given in respect of a school boarding establishment can require a relevant manager to take reasonable steps to restrict access to that establishment for a specified period; or to provide for pupils for whom boarding accommodation is provided to be confined there for a specified period.
	Under paragraph 10(3), a boarding accommodation closure direction may provide that a failure to comply with any statutory duty or time limit imposed under any enactment or rule of law relating to education be disregarded to the extent that it is attributable to a boarding accommodation closure direction. Paragraph 13(4) specifies that a direction in these terms must be reviewed every 21 days.
	A boarding accommodation closure direction can make further provision in terms of paragraph 10(4). A boarding accommodation closure direction can relate to specific steps to be taken, specified persons, specified premises or parts of premises, attendance for specified purposes, be framed in relation to relevant matters, or can be general.
	Paragraph 11(1) confers a power on the Scottish Ministers to give a "student accommodation closure direction" to the relevant manager or managers of one or more named student accommodation premises, all student accommodation premises in Scotland or any part of Scotland, or student accommodation premises of a particular description in Scotland or any part of Scotland.
	A student accommodation closure direction given in respect of student accommodation premises can require a relevant manager of student accommodation premises to take reasonable steps to restrict access to those premises for a specified period, or can provide for students for whom student accommodation is provided to be confined there for a specified period.
	Under paragraph 11(3), a student accommodation closure direction may further provide that a failure to comply with any statutory duty or time limit imposed under any enactment or rule of law relating to education be disregarded to the extent that it is attributable to a student accommodation closure direction. A direction in these terms must be reviewed every 21 days, under paragraph 13(4).
	A student accommodation closure direction can relate to specific steps to be taken, specified persons, specified premises or parts of premises, attendance for specified purposes, be framed in relation to relevant matters, or can be general.
	Paragraph 12(1) requires a relevant authority to comply with a direction under Part 2 of the Schedule. A relevant authority must also have regard to any guidance given by the Scottish Ministers about how to comply with a direction. If a relevant authority fails to comply with a direction, paragraph 12(3) allows the Scottish Ministers to enforce the direction by an application for a court order for interdict or specific implement. The Scottish Ministers do not need to give notice to the relevant authority before applying for a court order.
	Paragraph 13(1) requires the Scottish Ministers to publish a direction under Part 2 of the Schedule. A direction remains in force until the end of the period specified in the direction or until revoked by a further direction (whichever is earlier).