The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018

Regulation 5

SCHEDULE 2

PART 1 Consequential amendments and repeals of primary legislation

House of Commons Disqualification Act 1975

1.—(1) The House of Commons Disqualification Act 1975(1) is amended as follows.

(2) In Part III of schedule 1 (other disqualifying offices), the entry for “President of the Additional Support Needs Tribunal for Scotland” is repealed.

Tribunals and Inquiries Act 1992

2.—(1) The Tribunals and Inquiries Act 1992(2) is amended as follows.

(2) In Part II of schedule 1 (Scottish Tribunals), in respect of the entry relating to education, paragraph 50(ba) is repealed.

Education (Additional Support for Learning) (Scotland) Act 2004

3.—(1) The Education (Additional Support for Learning) (Scotland) Act 2004(3) is amended as follows.

(2) In section 3B (assessment of wellbeing)—

(a) in subsection (1), for “Tribunal” substitute “the First-tier Tribunal”; and

(b) in subsection (2), for “Tribunal” substitute “the First-tier Tribunal”.

(3) In section 11 (co-ordinated support plans: further provision)—

(a) in subsection (2)(b)(ii), for “a Tribunal” substitute “the First-tier Tribunal”; and

(b) in subsection (4)(b)(ii), for “a Tribunal” substitute “the First-tier Tribunal”.

(4) In section 14A (provision of advocacy service: Tribunal)—

(a) in subsection (1), for “Tribunal proceedings” substitute “ proceedings before the First-tier Tribunal”;

(b) in subsection (3), for “Tribunal” substitute “First-tier Tribunal”; and

(c) the title of the section becomes “Provision of advocacy service: First-tier Tribunal”.

(5) In section 15 (mediation services), in subsection (3)(b), for “a Tribunal” substitute “the First-tier Tribunal”.

(6) In section 16 (dispute resolution), in subsection (3)(b), for “a Tribunal” substitute “ the First-tier Tribunal”.

(7) Section 17 (Additional Support Needs Tribunals for Scotland) is repealed.

(8) In section 18 (references to Tribunal)—

(a) in subsection (1), for “a Tribunal” substitute “the First-tier Tribunal”;

(b) in subsection (2A)(a), for “Tribunal” substitute “First-tier Tribunal”;

(c) in subsection (2A)(b), for “Tribunal” substitute “First-tier Tribunal”;

(d) in subsection (4)(c), for “a Tribunal” substitute “the First-tier Tribunal”;

(e) in subsection (6), for “a Tribunal” substitute “the First-tier Tribunal”;

(f) in subsection (7), for “a Tribunal” in each place substitute “the First-tier Tribunal”;

(g) in subsection (9), for “a Tribunal” substitute “the First-tier Tribunal”; and

(h) in subsection (10)—

(i) for “President” substitute “Chamber President”; and

(ii) for “a Tribunal” substitute “the First-tier Tribunal”;

(iii) the title of the section becomes “References to the First-tier Tribunal”.

(9) In section 19 (powers of Tribunal in relation to reference)—

(i) in subsection (1), for “a Tribunal” substitute “the First-tier Tribunal”;

(ii) in subsection (2), for “Tribunal” in each place substitute “First-tier Tribunal”;

(iii) in subsection (3), for “Tribunal” in each place substitute “First-tier Tribunal”;

(iv) in subsection (4), for “Tribunal” in each place substitute “First-tier Tribunal”;

(v) in subsection (4A), for “Tribunal” in each place substitute “First-tier Tribunal”;

(vi) in subsection (5), for “Tribunal” in each place substitute “First-tier Tribunal”;

(vii) in subsection (5A), for “Tribunal” substitute “First-tier Tribunal”;

(viii) in subsection (7), for “a Tribunal” substitute “the First-tier Tribunal”; and

(ix) the title of the section becomes “Powers of First-tier Tribunal in relation to reference”.

(10) In section 20 (references to Tribunal and powers of Tribunal: further provision)—

(a) in subsection (1), for “Tribunal” substitute “First-tier Tribunal”;

(b) in subsection (2)—

(i) for “Tribunal” substitute “First-tier Tribunal”; and

(ii) for “President” in each place substitute “Chamber President”;

(c) in subsection (3) for “Tribunal’s” substitute “First-tier Tribunal’s”; and

(d) the title of the section becomes “References to First-tier Tribunal and powers of First-tier Tribunal: further provision”.

(11) Section 21 (appeal to Court of Session against Tribunal decision) is repealed.

(12) In section 28 (requests under this Act: further provision), in subsection (2)—

(a) in paragraph (d), for “a Tribunal” substitute “the First-tier Tribunal”; and

(b) in paragraph (e)(ii), for “a Tribunal” substitute “the First-tier Tribunal”.

(13) In section 29 (interpretation), in subsection (1)—

(a) the definition of “President” is repealed;

(b) the definition of “Tribunal” is repealed; and

(c) after the definition of “eligible pre-school child”, insert—

““First-tier Tribunal” means the First-tier Tribunal for Scotland Health and Education Chamber”.

(14) Schedule 1 is repealed.

(15) In schedule 2 (children and young persons with additional support needs: placing requests)—

(a) in sub-paragraph (2) of paragraph 5 (reference to appeal committee of refusal of placing request), for “a Tribunal” substitute “the First-tier Tribunal”;

(b) in sub-paragraph (5) of paragraph 6 (references to appeal committee: supplementary provisions), for “Tribunal” in each place substitute “First-tier Tribunal”; and

(c) in paragraph 7 (appeal to sheriff from appeal committee)—

(i) in sub-paragraph (1A), for “a Tribunal” substitute “the First-tier Tribunal”; and

(ii) in sub-paragraph (9), for “Tribunal” in each place substitute “First-tier Tribunal”.

Equality Act 2010

4.—(1) The Equality Act 2010(4) is amended as follows.

(2) In sub-section (1)(c) of section 116 (Education cases) for “an Additional Support Needs Tribunal for Scotland” substitute “the First-tier Tribunal for Scotland Health and Education Chamber”.

(3) In sub-section (6)(f) of section 136 (Burden of proof) for “an Additional Support Needs Tribunal for Scotland” substitute “the First-tier Tribunal for Scotland Health and Education Chamber”.

(4) In schedule 17 (disabled pupils: enforcement)—

(a) in paragraph 1, for “an Additional Support Needs Tribunal for Scotland” in each place substitute “the First-tier Tribunal for Scotland”; and

(b) Paragraph 11 is repealed.

Public Services Reform (Scotland) Act 2010

5.—(1) The Public Services Reform (Scotland) Act 2010(5) is amended as follows.

(2) In schedule 5 (improvement of public functions: listed bodies), the entry for “Additional Support Needs Tribunals for Scotland” is repealed.

(3) In schedule 8 (information on exercise of public functions: listed public bodies), the entry for “Additional Support Needs Tribunals for Scotland” is repealed.

Public Records (Scotland) Act 2011

6.—(1) The Public Records (Scotland) Act 2011(6) is amended as follows.

(2) In schedule 1 (authorities to which Part 1 applies), the entry for “Additional Support Needs Tribunals for Scotland” is repealed.

PART 2 Consequential amendments and revocations of subordinate legislation

Education (Appeal Committee Procedures) (Scotland) Regulations 1982

7.—(1) The Education (Appeal Committee Procedures) (Scotland) Regulations 1982(7) is amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the entry for “education authority” insert ““First-tier Tribunal” means “the First-tier Tribunal for Scotland Health and Education Chamber”; and

(b) the definition of “Tribunal” is revoked.

(3) In regulation 8 (notification of hearing), in sub-paragraph (1)(b), for “Tribunal” substitute “First-tier Tribunal”.

Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

8.—(1) The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003(8) are amended as follows.

(2) In paragraph (s) of regulation 3 (assistance by way of representation: miscellaneous proceedings)—

(a) for “an Additional Support Needs Tribunal” substitute “the First-tier Tribunal for Scotland”; and

(b) for “a tribunal” substitute “the First-tier Tribunal for Scotland”.

Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005

9.—(1) The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005(9) are amended as follows.

(2) In regulation 2 (interpretation) after the entry for “Additional Support Co-ordinator” insert—

““First-tier Tribunal” means the First-tier Tribunal for Scotland Health and Education Chamber”.

(3) In regulation 6A (information flow arrangements)—

(a) in sub-paragraph (1)(g), for “a Tribunal” substitute “the First-tier Tribunal”;

(b) in sub-paragraph (1)(h), for “a Tribunal” substitute “the First-tier Tribunal”;

(c) in sub-paragraph (2), for “Tribunal” substitute “First-tier Tribunal”; and

(d) in sub-paragraph (4), for “Tribunal” substitute “First-tier Tribunal”.

(4) In regulation 11 (discriminations, retention and destruction of the plan)—

(a) in sub-paragraph (1)(c), for “an Additional Support Needs Tribunal” substitute “the First-tier Tribunal”; and

(b) in sub-paragraph (2), for “a Tribunal” substitute “the First-tier Tribunal”.

Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005

10.—(1) The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005(10) is amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the entry for “appeal committee” insert ““First-tier Tribunal” means the First-tier Tribunal for Scotland Health and Education Chamber”; and

(b) the definition of “Tribunal” is revoked.

(3) In regulation 5 (deemed decision: placing request referred to the Tribunal)—

(a) in paragraph 1—

(i) in sub-paragraph (b), for “a Tribunal, the Tribunal” substitute “the First-tier Tribunal, the First-tier Tribunal”;

(ii) in the closing words, for “Tribunal” substitute “First-tier Tribunal”; and

(b) the title of the regulation becomes “Deemed decision: placing requests referred to First-tier Tribunal”.

Education (School and Placing Information) (Scotland) Regulations 2012

11.—(1) The Education (School and Placing Information) (Scotland) Regulations 2012(11) are amended as follows.

(2) In paragraph 13(i) of schedule 1 (supplementary information), for “sections 17 to 22 (Additional Support Needs Tribunals for Scotland)” substitute “sections 18 to 22”.

Scottish Parliament (Disqualification) Order 2015

12.—(1) The Scottish Parliament (Disqualification) Order 2015(12) is amended as follows.

(2) In Part 1 of the schedule (office-holders disqualified from being a Member of the Scottish Parliament) the entry for “President of the Additional Support Needs Tribunal for Scotland” is revoked.

(1)

1975 c.24.

(2)

1992 c.53.

(3)

2004 asp 4.

(4)

2010 c.15.

(5)

2010 asp 8.

(6)

2011 asp 12.

(7)

S.I. 1982/1736.

(8)

S.S.I. 2003/179.

(9)

S.S.I. 2005/518.

(10)

S.S.I. 2005/515.

(11)

S.S.I. 2012/130.

(12)

S.S.I. 2015/350.