The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005

Preliminary arrangements

4.—(1) Where the education authority consider an application submitted under regulation 3 relates to a specified matter and that all of the supporting material required under regulation 3(2) has been provided then, within the period of 10 working days of the receipt of such an application, the authority must send to the applicant confirmation of acceptance of the application.

(2) At the same time as sending such confirmation the education authority must send a request to the Scottish Ministers for a nomination by them of an individual to act as an independent adjudicator and include with such request a copy of the application and such of the supporting material as the authority consider appropriate to assist the Scottish Ministers in making their nomination.

(3) Where an authority consider an application submitted under regulation 3 does not relate to a specified matter or is not accompanied by all of the supporting material required under regulation 3(2), or is otherwise unreasonable then, within the period of 10 working days of the receipt of such an application, the authority must send to the applicant notice of their decision not to proceed with the application, and include within such notice their reasons for that decision.

(4) Where, following notice under paragraph (3), an applicant provides further information or supporting material relevant to the application and in consequence the authority decide to accept the application, then paragraph (1) applies as if the authority had received the application on the first working day after the day on which the further information or supporting material was received.