- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education (Additional Support for Learning) (Scotland) Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(introduced by section 17)
1In this schedule—S
“panel” means a panel referred to in paragraph 3(1),
“regulations” means regulations made by the Scottish Ministers,
“Tribunal functions” means the functions which are conferred on a Tribunal by virtue of this Act,
“Tribunal member” means a member of a panel,
“Tribunal staff” means the staff provided or appointed under paragraph 9.
2(1)The Scottish Ministers must not appoint an individual under section 17(2) as President unless that individual has such qualifications, training and experience as are prescribed in regulations.S
(2)The President may serve as the convener of a Tribunal.
(3)The President’s functions may, if the office of the President is vacant or the President is for any reason unable to act, be exercised by one of the members of the panel referred to in paragraph 3(1)(a) appointed for that purpose by the Scottish Ministers.
(4)Regulations may make provision for the delegation by the President of any of the President’s functions to any member of that panel or any member of the Tribunal staff.
(5)Paragraphs 3(2), 5, 6 and 7 of this schedule apply, with any necessary modifications, to the President as they apply to a Tribunal member.
3(1)The Scottish Ministers must appoint—S
(a)a panel of individuals having such qualifications, training and experience as may be prescribed in regulations each of whom may act as the convener of a Tribunal, and
(b)a panel of individuals having such qualifications, training and experience as may be prescribed in regulations each of whom may act as a member of a Tribunal other than the convener.
(2)An individual is disqualified from appointment as, and from being, a Tribunal member if the individual is—
(a)a member of the Scottish Parliament,
(b)a member of the Scottish Executive or a junior Scottish Minister, or
(c)of such other description as may be prescribed in regulations.
4(1)The President must from time to time constitute such number of Tribunals as the President thinks necessary to exercise Tribunal functions.S
(2)A Tribunal constituted under sub-paragraph (1) must consist of—
(i)the President, or
(ii)one member selected by the President from the panel referred to in paragraph 3(1)(a),
who is to act as the convener of the Tribunal, and
(b)two other members selected by the President from the panel referred to in paragraph 3(1)(b).
5(1)Each Tribunal member—S
(a)holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment,
(b)may at any time resign office by giving notice in writing to the Scottish Ministers,
(c)vacates office on becoming disqualified from being a Tribunal member under paragraph 3(2),
(d)in other respects holds office in accordance with the terms of the member’s instrument of appointment.
(2)A Tribunal member whose period of office (including any period of office following re-appointment under this sub-paragraph) expires under sub-paragraph (1)(a) may be re-appointed by the Scottish Ministers for a further period to the same panel to which the member was last appointed, unless—
(a)the member has declined re-appointment,
(b)the President has recommended to the Scottish Ministers that the member should not be re-appointed and the Scottish Ministers have accepted that recommendation,
(c)since the member was last appointed to the panel, there has been a reduction in the overall number of members of the panel which the Scottish Ministers consider are needed to enable the President to carry out the functions under paragraph 4,
(d)the member has, since the member was last appointed to the panel, failed without reasonable excuse to comply with the terms of the member’s appointment,
(e)the member no longer has the qualifications, training or experience prescribed under paragraph 3(1) for appointment to the panel.
6The Scottish Ministers may remove a Tribunal member from office if the member is unfit for office by reason of inability, neglect of duty or misbehaviour.S
7The Scottish Ministers may pay to a Tribunal member such allowances as they may determine.S
8(1)The Tribunals constituted under paragraph 4(1) are to sit at such times and in such places as the President may determine.S
(2)The President must ensure that Tribunal functions are exercised by those Tribunals efficiently and effectively.
(3)The President may—
(a)give such directions, and
(b)issue such guidance,
as respects the administration of the Tribunals, or any one of them, as appear to the President to be necessary or expedient for the purpose of ensuring that Tribunal functions are exercised efficiently and effectively.
9(1)The Scottish Ministers are to provide the President and the Tribunals, or ensure that they are provided, with such property, staff and services as the Scottish Ministers consider are required for the exercise of the functions of the President and Tribunal functions.S
(2)Without prejudice to sub-paragraph (1), the Scottish Ministers may appoint such staff for the President and the Tribunals as the Scottish Ministers may determine and on such terms and conditions as the Scottish Ministers may determine.
(3)The Scottish Ministers may pay, or make provision for paying, to or in respect of staff appointed under sub-paragraph (2) such pensions, allowances and gratuities (including by way of compensation for loss of employment) as the Scottish Ministers may determine.
10The Scottish Ministers are to pay any expenses reasonably incurred by the President or a Tribunal in the exercise of the President’s functions or, as the case may be, Tribunal functions.S
11(1)The Scottish Ministers must make rules as to the practice and procedure of the Tribunals.S
(2)Such rules may, in particular, include provision for or in connection with—
(a)the form and manner in which references to a Tribunal under section 18(1) are to be made,
(b)the time within which such references are to be made,
(c)the withdrawal of references,
(d)the recovery and inspection of documents,
(e)the persons who may appear on behalf of the parties,
(f)the persons who may be present at proceedings alongside any party or witness to support the party or witness,
(g)enabling specified persons other than the parties to appear or be represented in specified circumstances,
(h)requiring specified persons to give notice to other specified persons of specified matters,
(i)the time within which any such notice must be given,
(j)enabling Tribunal proceedings to be conducted in the absence of any member of a Tribunal other than the convener,
(k)enabling any matters that are preliminary or incidental to the determination of proceedings to be determined by the convener of a Tribunal alone or with such other members of the Tribunal as may be specified,
(l)enabling Tribunal proceedings to be held in private,
(m)enabling a Tribunal to exclude any person from attending all or part of Tribunal proceedings,
(n)enabling a Tribunal to impose reporting restrictions in relation to all or part of Tribunal proceedings,
(o)enabling a Tribunal to determine specified matters without holding a hearing,
(p)the recording and publication of decisions and orders of a Tribunal,
(q)enabling a Tribunal to commission medical and other reports in specified circumstances,
(r)requiring a Tribunal to take specified actions, or to determine specified proceedings, within specified periods,
(s)enabling a Tribunal to make an award of expenses,
(t)the taxation or assessment of such expenses.
(3)In sub-paragraph (2), “specified” means specified in the rules.
12The President may give directions as to the practice and procedure to be followed by Tribunals in relation to any matter.S
13(1)A Tribunal may by citation require any person—S
(a)to attend proceedings of the Tribunal, at such time and place as is specified in the citation, for the purposes of giving evidence,
(b)to produce any document in the custody, or under the control of, that person.
(2)A Tribunal may administer oaths to persons giving evidence.
(3)A person is not obliged by virtue of this paragraph to answer any question or produce any document which that person would be entitled to refuse to answer or produce in civil proceedings before the Court of Session.
(4)If a person on whom a citation under sub-paragraph (1) has been served—
(a)fails to attend the Tribunal proceedings as required by the citation,
(b)refuses or fails, whilst attending proceedings as so required, to answer any question,
(c)deliberately alters, conceals or destroys any document which that person is required by the citation to produce,
(d)refuses or fails to produce any such document,
that person is guilty of an offence.
(5)It is a defence for a person charged with an offence under sub-paragraph (4)(a), (b) or (d) to show that the person had a reasonable excuse for the refusal or failure.
(6)A person who commits an offence under sub-paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
14(1)A decision of a Tribunal—S
(a)may be reached by majority, and
(b)must be recorded in a document which contains a full statement of the facts found by the Tribunal and the reasons for the decision.
(2)The Tribunal must—
(a)inform each party of its decision, and
(b)send a copy of the document mentioned in sub-paragraph (1)(b) to each party as soon as reasonably practicable after it is prepared.
15(1)The President must, in respect of each reporting year, prepare a written report as to the exercise of Tribunal functions during that year.S
(2)The President must submit each report prepared under sub-paragraph (1), as soon as practicable after the end of the reporting year to which it relates, to the Scottish Ministers.
(3)The Scottish Ministers must lay before the Scottish Parliament a copy of each report submitted to them under sub-paragraph (2).
(4)A reporting year for the purposes of this paragraph is—
(a)the period beginning with the date on which the first President is appointed and ending with 31st March next following that date, and
(b)each successive period of 12 months ending with 31st March.
16The President must, at such times and in respect of such periods as regulations may specify, provide to—S
(a)the Scottish Ministers, and
(b)such persons as the regulations may specify,
such information relating to the exercise of Tribunal functions as is specified in the regulations.
17A Tribunal may pay to any person (other than the President, a Tribunal member or a member of the Tribunal staff)—S
(a)such allowances and expenses as the President may determine for the purposes of or in connection with the person’s attendance at hearings of the Tribunal,
(b)such amounts as the President may determine in connection with any report prepared in pursuance of rules made under paragraph 11(2)(q).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: