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

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This is the original version (as it was originally enacted).

29Interpretation

This section has no associated Explanatory Notes

(1)In this Act—

  • “the 1980 Act” means the Education (Scotland) Act 1980 (c. 44),

  • “the 2000 Act” means the Standards in Scotland’s Schools etc. Act 2000 (asp 6),

  • “additional support” has the meaning given in section 1(3),

  • “additional support needs” is to be construed in accordance with section 1(1),

  • “appropriate agency” is to be construed in accordance with section 23(2),

  • “co-ordinated support plan” has the meaning given in section 2(1) and, in relation to any such plan which has been amended by virtue of any provision of this Act, references in this Act to a co-ordinated support plan are (except where the context otherwise requires) to the plan as amended,

  • “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

  • “placing request” has the meaning given in paragraph 2(3) of schedule 2,

  • “prescribed pre-school child” means a child of any description prescribed in an order under section 1(1A) (children under school age in respect of whom education authorities must make provision for school education) of the 1980 Act,

  • President” means the President of the Additional Support Needs Tribunals for Scotland appointed under section 17(2),

  • “primary education” is to be construed in accordance with section 135(2) of the 1980 Act,

  • “special school” means—

    (a)

    a school, or

    (b)

    any class or other unit forming part of a public school which is not itself a special school,

    the sole or main purpose of which is to provide education specially suited to the additional support needs of children or young persons selected for attendance at the school, class or (as the case may be) unit by reason of those needs,

  • Tribunal” means an Additional Support Needs Tribunal for Scotland constituted under section 17(1).

(2)In this Act, the following expressions have the meanings given in section 135(1) of the 1980 Act—

  • “child”,

  • “education authority”,

  • “grant-aided school”,

  • “Health Board”,

  • “independent school”,

  • “managers”,

  • “parent”,

  • “public school”,

  • “school”,

  • “school age”,

  • “school education”,

  • “young person”.

(3)In this Act, references to a child or young person for whose school education an education authority are responsible are to any child or young person being, or about to be, provided with school education—

(a)in a school under the management of the education authority, or

(b)in pursuance of arrangements made or entered into by the authority.

(4)In this Act, references to a child or young person belonging to an area are to be construed in accordance with section 23(3) of the 1980 Act.

(5)In this Act, references to the doing of anything in writing include references to the doing of that thing by means of a document—

(a)transmitted by electronic means,

(b)received in legible form, and

(c)capable of being used for subsequent reference.

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