- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
4. After regulation 5 (time limit for the review of the plan) insert—
5A.—(1) Subject to paragraphs (2) and (3), where an education authority receive a request in terms of section 10(4) of the Act, it must issue its proposal under section 11(2)(a) or its decision under section 28(2) within 4 weeks of the date of receipt of the request.
(2) Where the circumstances provided for in paragraph (1)(a) of regulation 7 apply, an education authority must on becoming aware that the period of 4 weeks cannot be complied with—
(a)establish a date by which it must issue its proposal or its decision to the person who made the request; and
(b)inform that person of that date.
(3) The date established under paragraph (2) above must not exceed the period of 4 weeks by longer than is reasonably necessary in the circumstances and in any event must not be more than 12 weeks from the date of receipt of the request.
(4) A failure by an education authority to meet either the timescale referred to in paragraph (1) or the date established under paragraph (2)(a) is to be treated for the purposes of section 18 of the Act as a decision of the authority to refuse a request referred to in section 10(4) of the Act.”.
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.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: