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 (2) In section 9 (conscience clause)— (za) the words “from any instruction in religious subjects and” are repealed, (zb) for the words “his being withdrawn from any instruction in religious subjects” 20 substitute “withdrawal from any such religious observance”, (a) the existing text becomes subsection (1), (b)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 (3) Where a pupil is withdrawn from religious observance, the education authority or, in the case of a grant-aided school, the managers, must ensure that the 5 pupil is provided with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...