The Section 70 (Procedure) (Scotland) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations specify the procedure which applies to investigations and determinations carried out by the Scottish Ministers under section 70 of the Education (Scotland) Act 1980.

Regulation 1(2) provides definitions of “relevant complaint” and “working day”.

Regulation 2(2) to (4) sets time limits for investigations and determinations under section 70 as follows:

  • the Scottish Ministers must decide whether a complaint is a relevant complaint within 15 working days beginning with the date of receipt of the complaint;

  • the Scottish Ministers then have 105 working days to investigate section 70 matters brought to their attention by complaint or otherwise, and to determine whether to make an order under section 70(1).