Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulation 4

SCHEDULE 1Transitional and savings provisions

References, claims and proceedings in progress before the Additional Support Needs Tribunals for Scotland immediately before 12th January 2018 to transfer to the First-tier Tribunal

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.

Decisions, directions and orders of the Additional Support Needs Tribunals for Scotland to continue in force

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.

Time limits in respect of references and claims to, and proceedings before, the Additional Support Needs Tribunals for Scotland to carry over to 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.

Application for assistance by way of representation made to the Scottish Legal Aid Board to carry over 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.

Unexercised right of appeal to Court of Session, if exercised, is an appeal to the Upper Tribunal

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.

Exercised right of appeal to the Court of Session shall be completed by the Court of Session

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

SCHEDULE 2

PART 1Consequential 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 2Consequential 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.

Regulation 6

SCHEDULE 3Revocations of subordinate legislation

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).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy 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 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources