3. 1967 School Premises (Scotland) Regulations Consultation - Cabinet (Education) - 17.3.2026
North Ayrshire Council · 17 March 2026
Back to Cabinet — 17 March 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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OFFICIAL INFORMATION OFFICIAL INFORMATION NORTH AYRSHIRE COUNCIL 17 March 2026 Cabinet (Education) Title: 1967 School Premises (Scotland) Regulations Consultation Purpose: To seek Cabinet approval of the proposed response to the Scottish Government consultation on the School Premises (General Requirements and Standards) (Scotland) Regulations 1967 Recommendation: That the proposed response is approved as the Council’s formal consultation submission, noting the key considerations identified and raised with the Scottish Government 1. Executive Summary 1.1 Officers from relevant council services (Legal Services, Property Management & Investment, Education and Legal Services) have reviewed the Scottish Government’s consultation on proposed amendments to the School Premises (General Requirements and Standards) (Scotland) Regulations 1967. The proposed Council response is attached at Appendix 1 to this report. While the majority of proposals are broadly welcomed and align with existing guidance and practice, key issues for further clarification by Scottish Government have been identified: Retrospective Application The consultation does not specify which proposals, if any, would apply retrospectively to the current school estate. This requires clarification due to potential operational and financial implications. Potential Financial Impact: A number of the proposed revisions may create additional cost pressures for local authorities. Further information has been requested to understand the scale and nature of any potential financial burden. Clarity of Terminology: Certain elements of the proposed wording are ambiguous or their intent is unclear. Further clarification has been sought to ensure the intent and practical application of the changes are fully understood.
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OFFICIAL INFORMATION OFFICIAL INFORMATION 1.2 The consultation document covers a wide range of standards related to schools (e.g. size of grounds, calculation of required internal spaces, kitchen sizes, digital infrastructure, target room temperatures etc). Importantly, the consultation also includes proposed revisions of the standards relating to school toilet provision. The wording in both the consultation and our proposed response is general in nature and seeks to recognise the diverse range of needs which these facilities require to serve in a modern education setting. 1.3 Due to the importance of this aspect of the Regulations, we have also recently undertaken a survey to gather the views of children and young people on current school toilet and changing facilities provisions. Analysis of those responses is currently underway and a report will be presented to Cabinet on the findings and general next steps as soon as practicable. 2. Background 2.1 The Scottish Government has launched a national consultation (opened 16 December 2025, closing 24 March 2026) on proposed updates to the School Premises (General Requirements and Standards) (Scotland) Regulations 1967. 2.2 These regulations currently set out the minimum physical standards for school buildings, including requirements for site size, lighting, ventilation and sanitary provision. However, the Scottish Government notes that the Regulations — now almost sixty years old — no longer reflect the needs, expectations, or operational realities of modern education. 2.3 The consultation considers changes across a wide range of subject areas, including: Educational accommodation standards (space metrics for modern learning). Outdoor education and recreational areas, with a stronger focus on nature, play, sport, and climate resilience. Sanitary accommodation and pupil wellbeing facilities, including medical and rest spaces. Digital infrastructure, recognising connectivity as essential for contemporary teaching and learning. Lighting, ventilation, heating and acoustic standards, incorporating modern environmental and educational expectations. 2.4 Officers from across council services have liaised to consider the questions raised by the government within the current consultation on proposed revisions to the School Premises (General Requirements and Standards) (Scotland) Regulations 1967. The proposed Council response is attached at Appendix 1 to this report. Generally, the proposed changes were welcome, and reflected current guidance or practice, however some matters were raised in respect of the following aspects of the changes: a. Retrospective application of some proposals: The revised proposals do not detail which, if any, would be applied to our schools retrospectively. This would be a key consideration. b. Potential for additional cost: In a few instances, the proposals could result in additional costs falling to local authorities; further clarification has been sought on these issues.
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OFFICIAL INFORMATION OFFICIAL INFORMATION c. Clarity required in relation to some of the language used: The intent of some of the proposals requires to be clarified, and this has been reflected in our responses. 2.5 In addition, the consultation also includes proposed revisions of the standards relating to school toilet provision. The relevant wording in the consultation includes: “Regulations need to include provision of separate sanitary facilities for boys and girls except where they are provided as a fully lockable room (including hand washing) for use by one pupil at a time… Regulations must also take account of pupils who require to use gender neutral toilets and those who require accessible facilities. The same facility/toilet may provide for both of these needs in some circumstances.” 2.6 We believe this wording provides a degree of useful clarity now, while also flagging that final regulations will need to further develop upon this. Our proposed response is largely supportive of these general principles on that basis. 2.7 In parallel, and due to the importance of this aspect of the Regulations, we have also recently undertaken a local survey to gather the views of children and young people on current school toilet and changing facilities provisions. This is important in meeting our requirements under UNCRC legislation while we consider what further action may be necessary. Analysis of the responses to that survey is currently underway and a report will be presented to Cabinet on the findings and general next steps as soon as practicable. 3. Proposals 3.1 It is proposed that Cabinet notes the draft response and approves submission to the Scottish Government by the 24 March 2026 deadline. 4. Implications/Socio-economic Duty Financial 4.1 None arising directly from this report. A number of the proposed revisions may create additional cost pressures for local authorities. Further information has been requested to understand the scale and nature of any potential financial burden. Human Resources 4.2 None. Legal 4.3 Any amendments to the 1967 Regulations that may result from the consultation would legally bind the Council and as such, further clarity is required before the Council could be confident in its ability to adhere to new or revised obligations. That said, the current (arguably outdated) Regulations present issues for the Council in terms of compliance.
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OFFICIAL INFORMATION OFFICIAL INFORMATION Equality/Socio-economic 4.4 In making relevant provision, including school toilet provision, the Council has a range of legal and equalities duties. The 1967 Regulations, as presently in force, do not necessarily take account of the full range of those duties. Climate Change and Carbon 4.5 The proposed changes themselves do not directly impact on climate change and carbon but will link future school premises to external standards set by professional organisations (eg the Chartered Institute of Buildings Services Engineers) which already promote energy efficiency. Key Priorities 4.6 Ensuring children and young people have the best start in life Building active, inclusive, and resilient communities Community Wealth Building 4.7 None. Islands Communities Impact Assessment (ICIA) 4.8 None. United Nations Rights of the Child (UNCRC) 4.9 The following Rights are positively impacted by the proposals: Education/ Goals of Education (Articles 28/29) Health (Article 24) Best Interests of the Child (Article 3) Non-Discrimination and Equality (Article 2) Consumer Duty 4.10 No issues directly arising from the consultation paper. 5. Consultation 5.1 Senior Officers from Legal Services, Education and Property Management & Investment have met to discuss and agree North Ayrshire’s draft response to the consultation. Additionally, a survey has been conducted to gather feedback from children and young people about current school toilet and changing facilities. The results are being analysed and will be reported to Cabinet at a later date.
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OFFICIAL INFORMATION OFFICIAL INFORMATION Sam Anson Executive Director - Education For further information please contact Robin Knox, Team Manager, Infrastructure on 01294 324478. Link to Scottish Government consultation: School premises regulations - updating proposals: consultation - gov.scot Background Papers 0
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Appendix 1- Proposed Responses to Consultation Questions Question 1: Do you agree that adding a link to Building Bulletin 93 for Regulation 24 (Acoustic Conditions) adequately covers the requirements for acoustic conditions? If not, why not? Response 1: Yes. We agree that retaining the Regulation and including a link to Building Bulletin 93 is acceptable. Good acoustic conditions are important, especially for those with hearing impairment, speech and language needs, or neurodivergent profiles. BB93 addresses these needs. Any changes to the guidance should allow for derogations related to acoustic performance, where the design of the building makes it impractical to comply – e.g. where primary classrooms naturally extend through an opening into adjacent breakout space. Question 2: Do you agree that Regulation 25 (Water supply) adequately covers the requirements for water supply? If not, why not? Response 2: Yes. We agree that this Regulation remains necessary and adequately covers the requirements for water supply within school premises. Although drinking water provision is addressed elsewhere, it seems important that this regulation is retained to cover hot and cold-water provision in pupil sanitary and shower facilities. We believe that, as a general point, this regulation (and others) should avoid direct links to specific other guidance (e.g. CIBSE TM13 etc ) and should include a proviso that “good industry practice” or “guidance issued by relevant professional bodies” is adhered to. A point for further clarification would be the provision of sinks in certain areas within schools e.g. Science, Art etc, where currently these are not always provided with both Hot and Cold-water supplies. Question 3: Do you agree that the new Regulations should apply to grant-aided schools? If not, why not? Response 3: Yes. We agree that the updated Regulations should continue to apply to grant aided-aided schools.
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Question 4: Do you agree that Regulation 14 (Kitchen Premises) can be retained? If not, why not? Response 4: Yes. We agree that this Regulation should be retained. The increased focus on the promotion of school meals, the expansion programme for universal free provision and expansion plans for breakfast clubs means that suitable kitchen and serving facilities are important to the operation of modern schools. Retaining this requirement ensures that catering infrastructure is appropriately considered in school planning and refurbishment. Question 5: Should Regulation 20 (Outdoor education and recreational areas) be retained and be updated to require schools to have a mix of outdoor environments to further support the delivery of learning, play, sport and access to nature? If not, why not? Response 5: Yes. We support retaining and updating this Regulation. Whilst always important, outdoor space has become more of a focus in recent years as the wellbeing agenda has become more central to successful education establishments. It plays a vital role in supporting physical health, social interaction, outdoor learning, wellbeing and access to nature. The proposed requirement for a mix of social, learning and active outdoor environments reflects current educational practice and aligns with the Learning Estate Strategy. We welcome the inclusion of enhanced outdoor area metrics developed through the Learning Estate Investment Programme, while noting that a degree of flexibility will be required to respond to constrained sites and shared campuses. We also note that the desire to extend community use outwith school hours may be hampered by Facilities Management constraints. n.b. A number of the aspects of this regulation- e.g. floodlighting, requirement for MUGA’s etc may be difficult to deliver in terms of planning, site constraints etc and would therefore require the regulation to be flexible in these respects. It would also be critical to understand whether this is intended to apply retrospectively as retrospective application would not be practicable or affordable for most existing premises and Scottish Government funding would be required to permit this change to be effected. Question 6: Do you agree that if there is a mixture of grass pitches and synthetic pitches then the area required in some circumstances can be less than that currently defined for grass pitches? If not, why not? Response 6: Yes. We agree that, where a combination of grass and synthetic pitches is provided, a reduced overall area requirement can be appropriate.
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Synthetic pitches offer resilience to weather, delivering potentially better value for money and increased curricular and community use. However, it is preferrable that some flexibility remains to reflect site context, shared community use, and the inclusion of natural landscape and biodiversity where possible. Local provision of sports facilities through schools requires the flexibility to address wider community needs e.g. If similar and accessible facilities are available nearby, then there should not be a prescriptive requirement to replicate them. Again, this regulation would be difficult to meet retrospectively. Spaces should be designed to permit ease of supervision. We consider that decisions related to these regulations should be made at a local level rather than via the Secretary of State. Question 7: Do you agree that accommodation metrics is an appropriate method to calculate the educational accommodation required? If not, why not? Response 7: Yes. We agree that accommodation metrics provide a consistent method for calculating minimum educational space requirements. The proposed metrics reflect current educational practices, including collaborative learning, inclusive practice, digital infrastructure, additional support needs and increased PE provision. We support their use as a minimum standard, with local authorities retaining discretion to exceed these where educational or community need requires. We note that the question does not relate to specific metric calculations and we would welcome a suitable collaborative approach to agreeing specific standards across local authorities. We believe that the guidance should offer flexibility where innovative education and community facility delivery methods can be employed e.g. through partnership working, shared external space etc. Question 8: Do you agree that the number of appliances per pupil as set out in Regulation 15 (Sanitary accommodation for pupils) are still appropriate? If not, why not? Response 8: Yes. We agree that the overall number of appliances is appropriate for the school environment The need to ensure access and dignity for pupils justifies the approach proposed, particularly in smaller schools. In terms of shower provision, there is a concern that the proposed regulation will require additional showers to be provided, when in practice these facilities, whilst necessary, are rarely used during the school day. This would add to the maintenance obligations.
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We would also be keen to see the age at which showers are required to be provided following PE lessons to be replaced by a requirement for showers in “secondary schools”, as the suggested age of 11 years old, will bring Primary Children into focus. If this regulation was to be applied retrospectively, Local Authorities would face considerable challenges in terms of feasibility, deliverability, costs and maintenance and Scottish Government funding would be required to permit this change to be effected Question 9: Do you agree that these proposals cover the modern requirements for toilet and washing facilities? If not, why not? Response 9: Yes. We broadly agree that the proposed changes more accurately reflect modern requirements. We note that regulations need to include provision of separate sanitary facilities for boys and girls, and we agree that regulations should also take account of pupils who require to use gender neutral toilets and those who require accessible facilities. We are supportive of the removal of mandatory urinal provision. The inclusion of sanitary disposal units aligns with current best practice. We would also be keen to see the age at which showers are required to be provided following PE lessons to be replaced by a requirement for showers in “secondary schools”, as the suggested age of 11 years old will bring Primary children into focus. We strongly support the emphasis on privacy, accessibility and dignity in all toilet and changing facilities Question 10: Do you agree that Regulation 18 (Medical inspection and rest room accommodation) covers the requirements for medical inspection and rest room accommodation? If not, why not? Response 10: Subject to further clarification on the requirement for “adjacency” of toilet facilities – could we suggest the word “convenient” or “nearby” is used as an alternative? We agree that the updated Regulation appropriately reflects current legislative frameworks and educational practice. The requirement for dental checks to be undertaken requires further consideration as the facilities required may be greater than current provision. Ensuring the availability of medical rooms and rest spaces close to toilet facilities is beneficial for safeguarding pupil health and wellbeing. We support the requirement for additional provision in schools serving pupils with complex needs.
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Question 11: Do you agree that wellbeing spaces, including nurture spaces, should be included in the regulations? If not, why not? Response 11: Subject to confirmation on retrospective application of this regulation (which may not be practicable / affordable in some situations), we would support the inclusion of wellbeing spaces within the Regulations. These spaces support emotional regulation, mental health and inclusion, particularly for pupils who may find the school environment challenging. We would seek clarity if the metric for these spaces would be included in the overall space calculations for schools? Question 12: Do you agree that the updated regulations should include a principle based requirement for digital infrastructure and connectivity in all schools? If not, why not? Please provide examples of how digital provision supports educational outcomes in your context. Response 12: Yes. We agree with a principle-based approach to digital infrastructure. Educational technology and teaching practices continue to evolve rapidly, and a flexible requirement ensures schools can adapt over time. Digital capability should be viewed as a core requirement for an education establishment and should be included in any premises regulations Should this standard be applied retrospectively, local authorities would be significantly financially challenged and Scottish Government funding would be required to permit this change to be effected. Some examples of digital infrastructure supporting educational outcomes are as follows: Children in Early Years being exposed to digital technologies at an early age The use of AI in secondary education Ubiquitous nature of Interactive Boards across all spaces used for teaching and learning WiFi availability to external areas of schools Increased digital capacity allows greater concurrent use Question 13: Do you agree that Regulation 21 (Lighting) covers the requirements for lighting? If not, why not? Response 13: Yes. We agree that simplifying the Regulation while retaining a clear requirement for appropriate lighting (from all sources) is appropriate.
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Lighting quality is a key factor in pupil comfort, concentration and wellbeing. We support reference to recognised professional guidance through non statutory-statutory documentation rather than rigid requirements. In recent years we have fitted dimming switches to teaching and learning spaces, which supports the diverse needs of different groups of learners and can assist where pupils with additional support need have a particular sensitivity. If this regulation was to be applied retrospectively, Local Authorities would face considerable challenges in terms of feasibility, deliverability, costs and maintenance and Scottish Government funding would be required to permit this change to be effected Question 14: Do you agree that Regulation 22 (Ventilation) should be retained and updated? If not, why not? Response 14: Yes. We support retaining and updating this Regulation. We now fit CO2 monitors to teaching and learning spaces as standard. The importance of ventilation and indoor air quality has been clearly demonstrated in recent years. Referencing Building Bulletin 101 provides a well-established framework while recognising our current practice and the significant investment already made across the school estate. If this regulation was to be applied retrospectively, Local Authorities would face considerable challenges in terms of feasibility, deliverability, costs and maintenance and Scottish Government funding would be required to permit this change to be effected Question 15: Do you agree Regulation 23 (Heating) can be retained and updated? If not, why not? Response 15: Yes. We agree that the heating Regulation should be retained and updated. Learning and teaching, along with wellbeing and energy efficiency are all supported by good thermal comfort. Aligning with BB101 and CIBSE guidance ensures consistency with modern standards while retaining an education-focused approach. We question the wider acceptability of the quoted temperatures for schools which appear to be somewhat lower than our standard approach and would draw particular attention to the needs of both Early Years children and those with Additional Support Needs who may have issues relating to temperature regulation.
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We are keen to understand if the proposed temperatures will allow compliance with other relevant legislation, particularly that which affects staff. Question 16: Do you agree that Regulation 4 (General Requirements) can be removed? If not, why not? Response 16: We agree that Regulation 4 can be removed. The requirement for central approval based on a cost threshold set in 1979 is no longer relevant to contemporary funding and governance arrangements. Decisions relating to capital investment are appropriately scrutinised through local democratic processes and national funding frameworks, making this regulation obsolete Question 17: Do you agree that Regulation 7 (Sites for primary and secondary schools) can be removed? If not, why not? Response 17: We agree that Regulation 7 should be removed. The current rules about how big a school site must be don’t always work well because every area is different and has different considerations and constraints. Local authorities need the freedom to plan school sites that fit their own local geography and population, especially in busy towns or in rural areas where space is limited. We would be interested to understand how the proposed flexibility provided by the removal of this regulation is impacted or influenced by the proposed changes covered by Questions 5,6,7 and 11 (above) Question 18: Do you agree that Regulation 11 (Educational accommodation in schools providing both primary and secondary education) should be removed? If not, why not. Response 18: We support removing this regulation. Joint campus schools are sometimes the optimal way of maintaining high-quality local education provision, especially in rural areas. Local authorities already plan and design these schools carefully, so removing the need for approval from Scottish Ministers will make the process quicker and easier without reducing quality. Question 19: Do you agree that Regulation 12 (Playroom accommodation in nursery schools and classes) is no longer required and can be removed, and
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that ELC settings, including those housed within school buildings should be specifically excluded in the updated Regulations? If not, why not? Response 19: We agree that Regulation 12 should be removed and that ELC settings should be excluded from the updated School Premises Regulations. The Care Inspectorate’s Space to Grow and Thrive guidance sufficient guidance for all LA’s. Question 20: Do you agree that Regulation 13 (Educational accommodation in special schools) should be removed? If not, why not? Response 20: Local needs and service models vary widely, so the design of special schools must be flexible. Local authorities, working with specialist staff and families, are best placed to decide on specific ASN accommodation. Question 21: Do you agree that Regulation 16 (Washing accommodation for pupils) is no longer required as it is met within the revised toilets and washing facilities Regulation? If not, why not? Response 21: We agree that Regulation 16 can be removed, as existing building standards, health and safety requirements, and educational design guidance already ensure appropriate provision. Question 22: Do you agree that Regulation 17 (Accommodation for staff) can be removed? If not, why not? Response 22: We agree that this Regulation can be removed as the matters covered by it are captured in separate guidance. Question 23: Do you agree that Regulation 19 (Storage accommodation) can be removed? If not, why not? Response 23: We support the removal of this regulation, as storage and circulation needs are already covered by workplace safety rules, curriculum requirements, and modern area metrics. Its removal will give authorities greater flexibility to design safe and efficient schools. Question 24: Please tell us about any potential equality impacts, either positive or negative, that you consider the proposals in this consultation may have, with
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reference to the ‘protected characteristics’ listed above. Please be as specific as possible. Response 24: In many cases, the removal of outdated regulations will provide greater flexibility to design inclusive and accessible learning environments that take account of the range of the authority’s legal obligations, including the Equality Act 2010. Question 25: Are there any aspects of a child’s rights or wellbeing that you think might be affected either positively or negatively by the proposals covered in this consultation? Response 25: We believe the proposals support children’s rights and wellbeing by removing outdated regulations and allowing schools to be designed in line with modern teaching practice, accessibility needs, and community expectations. Some positive impacts could include: More inclusive and adaptable learning environments. Clearer regulatory arrangements for ELC settings, helping ensure high quality early learning environment