The Education (Additional Support for Learning) (Scotland) Act 2004 (Transitional and Savings Provisions) Order 2005

Saving provision for sections 60 to 65G of the 1980 Act

3.—(1) Notwithstanding the repeal, by virtue of Section 33 and schedule 3 of the 2004 Act, of sections 60 to 65G of the 1980 Act(1) those sections shall continue to have effect for the purposes specified in this Order and subject to the terms of this Order, on and after the appointed day, as they had effect immediately before that date in any case to which this article applies.

(2) This article applies to any reference made under section 63(1) or (2) of the 1980 Act in relation to any decision by the education authority listed in the schedule to this Order, where notification of the decision referred to in the schedule was received by the parent of the child or young person or, as the case may be, by the young person, on or before the appointed day, and that where the reference is made in accordance with section 63(5) of the 1980 Act, and is made no later than 60 days after the appointed day.

(3) In the case of a decision referred to in paragraph 4 of the schedule to this Order this article applies only if a placing request has been made under reference to section 63(3) of the 1980 Act before the appointed day.

(1)

Sections 60 to 65F substituted for Sections 60 to 65 by Education (Scotland) Act 1981(c. 58) Section 4 (1), Schedule 8. Section 65G inserted by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), Section 71(2).