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Education (Additional Support for Learning) (Scotland) Act 2004

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1Additional support needsS

This section has no associated Explanatory Notes

(1)A child or young person has additional support needs for the purposes of this Act where, for whatever reason, the child or young person is, or is likely to be, unable without the provision of additional support to benefit from school education provided or to be provided for the child or young person.

[F1(1A)Without prejudice to the generality of subsection (1), a child or young person has additional support needs if the child or young person is looked after by a local authority (within the meaning of section 17(6) of the Children (Scotland) Act 1995 (c. 36)).

(1B)But where, in the course of identifying (in accordance with the arrangements made by them under section 6(1)(b)) the particular additional support needs of a child or young person who is looked after by a local authority (within the meaning of section 17(6) of the Children (Scotland) Act 1995 (c. 36)), an education authority form the view that the child or young person is, or is likely to be, able without the provision of additional support to benefit from school education provided to or to be provided for the child or young person, subsection (1A) ceases to apply.]

(2)In subsection (1), the reference to school education includes, in particular, such education directed to the development of the personality, talents and mental and physical abilities of the child or young person to their fullest potential.

(3)In this Act, “additional support” means—

(a)in relation to [F2an eligible] pre-school child, a child of school age or a young person receiving school education, provision [F3(whether or not educational provision) ]which is additional to, or otherwise different from, the educational provision made generally for children or, as the case may be, young persons of the same age in schools (other than special schools) under the management of the education authority [F4responsible for the school education of the child or young person, or in the case where there is no such authority, the education authority ],

(b)in relation to a child under school age other than [F5an eligible] pre-school child, such [F6provision (whether or not educational provision) ] as is appropriate in the circumstances.

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I1S. 1 in force at 14.11.2005 by S.S.I. 2005/564, art. 2

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