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Regulation 4
1. Any reference or claim to the Additional Support Needs Tribunals for Scotland in progress immediately before 12th January 2018 but not yet determined and any proceedings of the Additional Support Needs Tribunals for Scotland in progress immediately before that date shall be transferred to and be completed by the First-tier Tribunal but with so far as possible the same persons hearing and determining the case before the First-tier Tribunal as members of that tribunal as were prior to 12th January 2018 hearing the case as members of the Additional Support Needs Tribunals for Scotland.
2. Any decision (whether or not called a decision), direction or order given or made in or in respect of a reference or claim to, and proceedings before, the Additional Support Needs Tribunals for Scotland which is in force immediately before 12th January 2018 remains in force on and after that date as if it were a decision, direction or order of the First-tier Tribunal.
3. Any time limit which has started to run before 12th January 2018 in respect of references and claims to, and proceedings before, the Additional Support Needs Tribunals for Scotland (and which has not expired) shall continue to apply where references, claims and proceedings are transferred to the First-tier Tribunal.
4. Any application for assistance by way of representation made to the Scottish Legal Aid Board immediately before 12th January 2018 in relation to a claim made to an Additional Support Needs Tribunal for Scotland in accordance with Part 3 of schedule 17 of the 2010 Act (which provides for claims to be made to a tribunal that a responsible body of a school has contravened Chapter 1 of Part 6 of that Act because of a person’s disability) which is still to be determined or has been approved, shall be treated on or after 12th January 2018 as if it had been made, or approved, in relation to a claim made to the First-tier Tribunal for Scotland Health and Education Chamber in accordance with Part 3 of Schedule 17 of the 2010 Act.
5. Where in respect of a decision of the Additional Support Needs Tribunals for Scotland before 12th January 2018, there lies a right of appeal to the Court of Session, which has not been exercised before that date but is still exercisable, any appeal on or after 12th January 2018 shall be to the Upper Tribunal as if the decision had been made by the First-tier Tribunal and the appeal shall be an appeal from the First-tier Tribunal for the purposes of section 46(1) of the 2014 Act.
6. Where in respect of a decision of the Additional Support Needs Tribunals for Scotland before 12th January 2018, there lies a right of appeal to the Court of Session which has been exercised before that date, the appeal shall not be affected by these Regulations and be completed by the Court of Session except that any reference in the 2004 or 2010 Act to the Court of Session remitting such a reference to it back to the Tribunal shall be construed as a reference to remitting the reference back to the First-tier Tribunal.
Regulation 5
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.
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.
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”.
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.
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.
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.
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”.
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”.
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”.
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”.
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”.
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.
Regulation 6
1. The following instruments are revoked:
(a)The Additional Support Needs Tribunals for Scotland (Appointment of President, Conveners and Members and Disqualification) Regulations 2005(13);
(b)The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006(14); and
(c)The Additional Support Needs Tribunals for Scotland (Disability Claims Procedure) Rules 2011(15).
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