Search Legislation

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

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Education (Additional Support for Learning) (Scotland) Act 2004, Section 13. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

13Provision of information etc. on occurrence of certain eventsS

This section has no associated Explanatory Notes

(1)Every education authority must—

(a)no later than 6 months before the date on which any child or young person—

(i)having additional support needs, and

(ii)for whose school education the authority are responsible,

is expected to cease receiving school education, or

(b)where the education authority become aware that the child or young person is to cease receiving school education less than 6 months before that date, as soon as reasonably practicable after they become so aware,

comply with the duty in subsection (2).

(2)That duty is a duty—

(a)to provide such appropriate agency or agencies as the authority think fit (if any) with the information specified in subsection (3), and

(b)to—

(i)consider what (if any) provision the authority are, in the exercise of any of their functions other than their functions relating to education, likely to make for the child or young person on ceasing to receive school education, and

(ii)for that purpose, take into account any information specified in subsection (3).

(3)The information referred to in subsection (2) is—

(a)information as to the date on which the child or young person is expected to cease receiving school education, and

(b)such other information as the authority consider appropriate concerning the child or young person and the additional support needs of the child or young person.

(4)Every education authority must, when any such child or young person as is referred to in subsection (1) ceases to receive school education, inform such appropriate agency or agencies as the authority think fit of that fact as soon as reasonably practicable.

[F1(4A)In relation to the provision of any information under subsection (2)(a) or (4) in the case of a child, the education authority must seek and take account of the views of the child (unless the authority are satisfied that the child lacks capacity [F2in relation to such] a view).]

(5)Information is to be provided under subsection (2)(a) or (4) only with the consent of—

[F3(za)in the case of a child who has attained the age of 12 years and who the authority is satisfied has capacity to give consent, the child,]

(a)in the case of [F4any other] child, the child’s parent,

(b)in the case of a young person—

(i)the young person, or

(ii)where the education authority are satisfied that the young person lacks capacity to give consent, the young person’s parent.

(6)The Scottish Ministers may by regulations make provision for the taking by education authorities of specified action in connection with the occurrence or likely occurrence of specified changes in the school education of children and young persons—

(a)having additional support needs, and

(b)for whose school education the authorities are responsible.

(7)Regulations under subsection (6) may, in particular, make provision—

(a)for the disclosure by the authorities of specified information about such children or young persons—

(i)to specified persons or persons of specified descriptions,

(ii)subject to specified conditions,

(b)for such information to be disclosed, or any other action taken, by specified times.

(8)In subsections (6) and (7), “specified” means specified in regulations under subsection (6).

Textual Amendments

Commencement Information

I1S. 13(1)-(5) (8) in force at 14.11.2005 by S.S.I. 2005/564, art. 2

I2S. 13(6)(7) in force at 18.5.2005 for specified purposes by S.S.I. 2005/263, art. 2, Sch.

I3S. 13(6)(7) in force at 14.11.2005 in so far as not already in force by S.S.I. 2005/564, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources