3

Despite subsection (2), no order under subsection (1) may be made in respect of a failure by an education authority that is of a type mentioned in subsection (4).

4

The types of failure are—

a

a failure mentioned in section 18(3) of the Education (Additional Support for Learning) (Scotland) Act 2004 (“the 2004 Act”) (references to an Additional Support Needs Tribunal for Scotland),

b

a failure in relation to a decision or information mentioned in section 18(3) of the 2004 Act,

c

a failure mentioned in section 18(5A) or (5B) of the 2004 Act,

d

where a failure mentioned in paragraph (a), (b) or (c) also constitutes a failure to discharge the duty imposed by section 4 of the 2004 Act, a failure under that section that is so constituted.

5

The Scottish Ministers may by regulations make provision for or in connection with the procedure to be followed in relation to—

a

the investigation of an alleged failure by an education authority, the managers of a school or educational establishment or other person to discharge a duty mentioned in subsection (1),

b

the determination of whether to make an order under that subsection.

6

Regulations under subsection (5) may—

a

include transitional, transitory or saving provision,

b

make different provision for different purposes.

7

Before making any regulations under subsection (5), the Scottish Ministers must consult such persons as they consider appropriate.