(1)Subject to subsections (2) and (3) below, a parent who has made a placing request may refer a decision of the education authority refusing his request to an appeal committee set up under section 28D of this Act.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where a reference under this section has been made in respect of a child, no further such reference in respect of the child shall be competent during the period of 12 months beginning with the day on which the immediately preceding such reference was lodged.
(4)A reference under this section shall be lodged with the appeal committee within 28 days of the receipt by the parent of the decision of the education authority (which, if posted, shall, unless the contrary is proved, be presumed to have been received on the day after the date on which it was posted except that a decision posted on a Friday or Saturday shall, unless the contrary is proved, be presumed to have been received on the Monday next following), but the committee shall, on good cause being shown, have power to hear such a reference notwithstanding that it was not lodged within that time.
Textual Amendments
F1S. 28C(2) repealed (13.10.2000) by 2000 asp 6, s. 43(3); S.S.I. 2000/361, art. 3(1)(2), Sch. Pt. I
Modifications etc. (not altering text)
C1S. 28C excluded (during period of 3 years beginning with 1.1.1983) by Education (Scotland) Act 1981 (c. 58), Sch. 8 para. 4(d)
C2S. 28C excluded (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 2 para. 1; S.S.I. 2005/564, art. 2