1.—(1) These Regulations may be cited as the Additional Support Needs Tribunals for Scotland (Appointment of President, Conveners and Members and Disqualification) Regulations 2005 and shall come into force on 3rd May 2005.
(2) In these Regulations “the Act” means the Education (Additional Support for Learning) (Scotland) Act 2004.
2. For the purposes of paragraph 2(1) of Schedule 1 to the Act, the qualifications, training and experience prescribed for appointment as President of the Additional Support Needs Tribunals for Scotland are–
(a)at least seven years standing as an advocate or solicitor admitted in Scotland;
(b)a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990(1); or
(c)at least seven years standing as a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland.
3. For the purposes of paragraph 3(1)(a) of Schedule 1 to the Act the qualifications, training and experience prescribed for appointment to the panel of individuals each of whom may act as the convener of an Additional Support Needs Tribunal for Scotland are–
(a)at least seven years' standing as an advocate or solicitor admitted in Scotland;
(b)a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(c)at least seven years' standing as a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years' standing.
4. For the purposes of paragraph 3(1)(b) of Schedule 1 to the Act the qualifications, training and experience prescribed for appointment to the panel of individuals, each of whom may act as a member of an Additional Support Needs Tribunal for Scotland, are knowledge and experience of children or young persons with additional support needs within the meaning of the Act.
5. For the purposes of paragraph 3(2)(c) of Schedule 1 to the Act (individuals disqualified from appointment as, and from being, a Tribunal member), the description prescribed is a person eligible for appointment as President or to the panel of those who may act as conveners, and such a person is disqualified from appointment to the panel of members of an Additional Support Needs Tribunal for Scotland for the purposes of paragraph 3(1)(b) of Schedule 1 to the Act.
PETER PEACOCK
A member of the Scottish Executive
St Andrew’s House, Edinburgh
16th March 2005