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This is the original version (as it was originally enacted).

30Transitional provision: recorded children and young persons

This section has no associated Explanatory Notes

(1)This section applies to any child or young person—

(a)for whose school education an education authority are, at the commencement date, responsible, and

(b)who, immediately before that date, was a recorded child or young person within the meaning of the 1980 Act.

(2)Such a child or young person is, for the purposes of this Act, to be taken to have additional support needs.

(3)The education authority must, before the end of the period of 2 years beginning with the commencement date, establish, in accordance with the arrangements made by them under section 6(1), whether the child or young person requires a co-ordinated support plan.

(4)Until the appropriate date, the education authority must ensure that the provision made by them in pursuance of section 4(1)(a) for the additional support required by the child or young person is no less than the provision which was, immediately before the commencement date, made for the child or young person under section 62(3) (duty of education authority to provide for special educational needs of recorded children and young persons) of the 1980 Act.

(5)In subsection (4), “the appropriate date” means—

(a)where the education authority establish in pursuance of subsection (3) that the child or young person requires a co-ordinated support plan, the date on which they so establish that matter,

(b)where the authority establish in pursuance of that subsection that the child or young person does not require such a plan, the date of expiry of the period of 2 years beginning with the date on which they so establish that matter, or

(c)if there is a significant change in the child’s or young person’s additional support needs, the date on which the authority establish the occurrence of that change,

whichever occurs first.

(6)In this section—

  • “the commencement date” means the date on which this section comes into force, and

  • “the education authority” means the education authority responsible for the child’s or young person’s school education.

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