In this Chapter—

• “the 1980 Act” means the Education (Scotland) Act 1980,

• “the 2005 Act” means the Further and Higher Education (Scotland) Act 2005,

• “child minder” has the meaning given by paragraph 12 of schedule 12 of the Public Services Reform (Scotland) Act 2010,

• “early learning and childcare” has the meaning given by section 46 of the Children and Young People (Scotland) Act 2014,

• “education” includes early learning and childcare, school education, further education and higher education,

• “education authority,” “grant-aided school”, “independent school”, “public school”, “school” and “school education” have the meanings given by section 135(1) of the 1980 Act,

• “educational establishment”—

  1. a

     means—

     1. i

        a school,

     2. ii

        an education and training establishment approved by the Scottish Qualifications Authority under section 2 of the Education (Scotland) Act 1996 as suitable for presenting persons for SQA qualifications,

     3. iii

        a further education institution,

     4. iv

        a higher education institution, and

  2. b

     is also to be construed in accordance with subsections (3) and (4) of this section,

• “further education” has the meaning given by section 6 of the Further and Higher Education (Scotland) Act 1992,

• “further education institution” means—

  1. a

     a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” or under the heading “Other institutions” in schedule 2 of the 2005 Act,

  2. b

     a college of further education which is assigned to a regional strategic body by an order made under section 7C(1) of the 2005 Act,

• “governing body” has the meaning given by section 35(2) of the 2005 Act,

• “higher education” has the meaning given by section 38 of the Further and Higher Education (Scotland) Act 1992,

• “higher education institution” means—

  1. a

     a body listed under the heading “Institutions formerly eligible for funding by the Scottish Higher Education Funding Council” or under the heading “Other institutions” in schedule 2 of the 2005 Act,

  2. b

     a person who provides a course of higher education designated by the Scottish Ministers under regulation 4(9) of the Education (Student Loans) (Scotland) Regulations 2007 (S.S.I. 2007/154) for the purposes of regulation 3(2) of those Regulations,

• “managers”, in relation to a grant-aided school, has the meaning given by section 135(1) of the 1980 Act,

• “out of school care” means care which is provided—

  1. a

     to children who are in attendance at a school,

  2. b

     outside school hours or during school holidays, and

  3. c

     by a child minder or a service for the day care of children within the meaning given by paragraph 13 of schedule 12 of the Public Services Reform (Scotland) Act 2010,

• “proprietor”, in relation to an independent school, has the meaning given by section 135(1) of the 1980 Act,

• “protecting public health” has the meaning given by section 1(5) of the Public Health etc. Scotland Act 2008.

Where out of school care is provided by a person in a school, “relevant operator” also includes such a person.