Education (Scotland) Act 2016

9 Initial assessments

(1) This section applies where an education authority receives a request under section 7(1) from the parent of a specified child.

(2) The authority must make an assessment (an “initial assessment”) of the need for GMPE—

(a) in relation to the GMPE assessment area designated under section 8(2), and

(b) in the specified child’s year group.

(3) In making an initial assessment, the authority must take into account any information it has which—

(a) relates to the demand for GMPE in the GMPE assessment area from parents of children—

(i) who are resident in the GMPE assessment area, and

(ii) who are in the same year group as the specified child, and

(b) indicates that there is a demand for GMPE in the GMPE assessment area from parents of children—

(i) who are resident in the GMPE assessment area, and

(ii) who are in a different year group in relation to the specified child.

(4) The information mentioned in subsection (3) includes information set out in or accompanying the request.

(5) Where, following an initial assessment in relation to a GMPE assessment area—

(a) the authority is satisfied that the condition in subsection (6) is met, the authority must determine that there is a potential need for GMPE in the area,

(b) the authority is not satisfied that that condition is met, the authority must determine that there is no potential need for GMPE in the area.

(6) The condition is that the specified child and the children in respect of whose parents the authority has information as mentioned in subsection (3)(a) number 5 or more.

(7) The Scottish Ministers may by regulations—

(a) amend subsection (6) so as to substitute for the number of children for the time being specified there a different number,

(b) provide for the number of children for the time being specified in that subsection to be read as a different number in the application of that subsection to such education authorities as may be specified in the regulations.

(8) This section is subject to section 11.