The Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 passed Stage 3 on 17 February 2026 and received Royal Assent on 2 April 2026. The statute amends the Education (Scotland) Act 1980 to centre pupil participation in decisions about withdrawal from religious observance and makes targeted changes to the UNCRC (Incorporation) (Scotland) Act 2024. (gov.scot)
On religious education and observance, Ministers confirmed during passage that the parental right of withdrawal now applies only to religious observance, not to religious instruction or education. In parallel, where a pupil is withdrawn from observance, the education authority or grant‑aided school managers must provide suitable and purposeful learning during that period. (gov.scot)
New section 9A of the 1980 Act sets a statutory process once a parent requests withdrawal from religious observance. Schools must tell the pupil about the request and their right to object, give them a chance to express views in a suitable manner, presume capacity unless shown otherwise, and act impartially. If, after discussion, the pupil objects, the operator must not give effect to the parent’s request. (parliament.scot)
Section 9B requires statutory guidance on how operators carry out functions under section 9A. The guidance must cover the withdrawal process, available support for pupils and parents, assessing capacity, and how to handle parent–pupil discussions. Before issuing guidance, Ministers must consult operators and bodies representing teachers, parents, children and young people, and denominational schools. Guidance must be published within 12 months of commencement, and operators must have regard to it. (parliament.scot)
A regulation‑making power allows Ministers to introduce an independent pupil right to request withdrawal from religious observance in public and grant‑aided schools. Any such regulations require prior consultation and, by amendment to section 133 of the 1980 Act, are subject to the affirmative procedure. This creates a clear, future route to a pupil‑led right, but it is not self‑executing without secondary legislation. (parliament.scot)
Ministers must also issue guidance on the meaning of “religious observance” for the purposes of sections 8, 9 and 9A of the 1980 Act. In preparing this guidance, they must have regard to inclusiveness in both content and delivery and consult the same stakeholder groups. The guidance must be published within 12 months of commencement and operators must have regard to it. (parliament.scot)
Annual transparency is mandated. New section 9D requires Ministers, as soon as reasonably practicable after each school year, to publish the number of pupils withdrawn from religious observance; “school year” is defined as the 12 months beginning on 1 August. (parliament.scot)
A three‑year review duty is built in. Ministers must review how religious observance has been delivered, assess inclusiveness, and publish any actions they intend to take, including steps that could enable children to withdraw from observance; if no action is proposed, reasons must be given. A copy of the review must be laid before the Scottish Parliament. (parliament.scot)
For denominational provision, the Act clarifies that its Part 1 modifications do not affect section 16 or 21 of the 1980 Act or section 18 of the Education (Scotland) Act 1918. This preserves existing denominational school arrangements while the new withdrawal process applies across the system. (parliament.scot)
Part 2 reforms the UNCRC (Incorporation) (Scotland) Act 2024. New section 6A confirms that action is not unlawful under the compatibility duty where a public authority is required or entitled to act by words in UK legislation outside the Act’s defined scope; new section 6B sets the same rule where the authority is required to act by specified Scottish legislation. This reduces conflict where authorities have no discretion. (parliament.scot)
The UNCRC Act’s reporting architecture is tightened. The statutory Scheme report must summarise notifications to Ministers and intimations to the Lord Advocate about the use of section 6B; listed authorities must notify when they consider section 6B applies, and the Lord Advocate, the Children and Young People’s Commissioner Scotland and the Scottish Human Rights Commission must be intimated where a court question arises on section 6B. (parliament.scot)
Commencement is staggered. Certain enabling and final provisions take effect the day after Royal Assent, while the core Education Act changes and related guidance duties will commence on dates set by regulations. Schools and local authorities should track commencement orders and treat the 12‑month guidance publication duties as the operational clock once the relevant sections start. (parliament.scot)
Implementation will require policy, training and data‑collection updates. Scottish Parliament research notes estimate local authority start‑up costs in 2026‑27 for handbook updates, training and withdrawal management in the range of roughly £0.28m to £0.92m sector‑wide, with central government spending on guidance and communications also forecast. (parliament.scot)