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Last updated: 18 February 2026

SPBill66BS062026

Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill [AS PASSED] An Act of the Scottish Parliament to make provision about the involvement of a pupil in a decision to withdraw the pupil from religious observance in schools; and to make provision about circumstances where incompatibility with the requirements of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 is not unlawful. 5 P ART 1 P UPIL ’ S INVOLVEMENT IN DECISION ABOUT WITHDRAWAL FROM RELIGIOUS INSTRUCTION OR RELIGIOUS OBSERVANCE 1 Pupil’s involvement in decision about withdrawal from religious instruction or religious observance 10 (1) The Education (Scotland) Act 1980 is modified as follows. 1 (1A) In section 8 (religious instruction), after subsection (1) insert— “(1A) With effect from the day on which section 1(1A) of the Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 comes into force, the continuation of the custom described 15 in subsection (1) is to be read so as not to include any right for parents to elect that their children should not receive instruction in religion.”. (2) In section 9 (conscience clause)— (za) the words “from any instruction in religious subjects and” are repealed, (zb) for the words “his being withdrawn from any instruction in religious subjects” 20 substitute “withdrawal from any such religious observance”, (a) the existing text becomes subsection (1), (b) after that subsection insert— SP Bill 66B Session 6 (2026) 2 Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill Part 1—Pupil’s involvement in decision about withdrawal from religious instruction or religious observance “(2) The exercise of the right under subsection (1) for a parent to withdraw a pupil from religious observance in a school is subject to section 9A. (3) Where a pupil is withdrawn from religious observance, the education authority or, in the case of a grant-aided school, the managers, must ensure that the 5 pupil is provided with suitable and purposeful educational activity during that period.”. (3) After section 9 insert— “9A Pupil’s involvement in decision about withdrawal from religious observance (1) This section applies if a parent has made a request to withdraw a pupil from 10 religious observance in a school under section 9(1). 1 (2) The operator of the school must— (za) provide the parent with written information setting out the process for considering a request for withdrawal, (a) tell the pupil about the request and the pupil’s right to object to 15 withdrawal, (b) give the pupil an opportunity to express the pupil’s views about the request in— (i) the manner that the pupil prefers, or (ii) a manner that is suitable to the pupil if the pupil has not indicated 20 a preference or it is not reasonable to accommodate the pupil’s preference, and (c) have regard to any views expressed by the pupil about the request, taking into account...
Last updated: 7 January 2026

SPBill79DPMS062026accessible

As is now usual for commencement regulations, the default laying requirement will apply, as provided for by section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010.
Last updated: 6 January 2026

SPBill79DPMS062026

As is now usual for commencement regulations, the default laying requirement will apply, as provided for by section 30 of the Interpretation and Legislative Reform (Scotland) Act 2010.
Last updated: 11 November 2025

Aileen McHarg legal mechanism for triggering any independence referendum

At the very most, the 2014 precedent would be one of a range of factors to be taken into account in deciding whether or not to respect a mandate for second referendum, and a court is likely to be highly deferential to ministerial judgment on such a politically sensitive matter. 7 Report of the Smith Commission for Further Devolution of Powers to the Scottis...
Last updated: 11 June 2024

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The adjustment of section 3(4)(a) takes account of potential acquisitions and disposals of assets by managers.
Last updated: 22 December 2023

Common frameworks 20 December 2023

A notification at the point at which the (UK Government) lays secondary legislation would be at the end of the process for an application for an exclusion to UKIMA.
Last updated: 24 February 2022

Minutes of the CPG on Crofting meeting of 17 November 2021

Will islands impact assessment be taken into account before funding for control of greylag geese is withdrawn?
Official Report Meeting date: 5 February 2013

Subordinate Legislation Committee 05 February 2013

The consultation period must run for at least 60 days and the Scottish ministers must take into account representations received during that period before laying the order.
Official Report Meeting date: 24 January 2023

Delegated Powers and Law Reform Committee 24 January 2023

The need for the instrument could have been avoided if concerns that were raised by the Short Term Accommodation Association and other industry stakeholders had been taken into account when the licensing scheme was first proposed.
Official Report Meeting date: 9 June 2022

COVID-19 Recovery Committee 09 June 2022

Ultimately, ministers make judgments based on the advice that they are given, because ministers are accountable. The CMO is not accountable for decisions.

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