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

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  1. Introductory Text

  2. Main definitions

    1. 1.Additional support needs

    2. 2.Co-ordinated support plans

    3. 3.Children and young persons: capacity

    4. 3A.Children: assessment of capacity, etc.

    5. 3B.Assessment of wellbeing

    6. 3C.Rights of parents of children aged 12 or over

  3. General powers and duties

    1. 4.Duties of education authority in relation to children and young persons for whom they are responsible

    2. 5.General functions of education authority in relation to additional support needs

  4. Establishment of additional support needs and need for co-ordinated support plan

    1. 6.Children and young persons for whom education authority are responsible

    2. 7.Other children and young persons

    3. 8.Assessments and examinations

    4. 8A.Assessments and examinations: further provision

  5. Co-ordinated support plans

    1. 9.Duty to prepare co-ordinated support plans

    2. 10.Reviews of co-ordinated support plans

    3. 11.Co-ordinated support plans: further provision

  6. Exchange of information

    1. 12.Duties to seek and take account of views, advice and information

    2. 13.Provision of information etc. on occurrence of certain events

  7. Supporters and advocacy

    1. 14.Supporters and advocacy

    2. 14A.Provision of advocacy service: First-tier Tribunal

  8. Mediation and dispute resolution

    1. 15.Mediation services

    2. 16.Dispute resolution

  9. Appeals

    1. 17.Additional Support Needs Tribunals for Scotland

    2. 18.References to the First-tier Tribunal

    3. 19.Powers of First-tier Tribunal in relation to reference

    4. 20.References to First-tier Tribunal and powers of First-tier Tribunal: further provision

    5. 21.Appeal to Court of Session against Tribunal decision

  10. Placing requests

    1. 22.Placing requests

  11. Miscellaneous

    1. 23.Other agencies etc. to help in exercise of functions under this Act

    2. 24.Power to prescribe standards etc. for special schools

    3. 25.Attendance at establishments outwith the United Kingdom

    4. 26.Publication of information by education authority

    5. 26A.Availability of information on additional support needs

    6. 27.Code of practice and directions

    7. 27A.Collection of data on additional support needs

  12. General

    1. 28.Requests under this Act: further provision

    2. 29.Interpretation

    3. 30.Transitional provision: recorded children and young persons

    4. 31.Duty to inform in writing or alternative permanent form

    5. 31A.Provision of support service

    6. 32.Ancillary provision

    7. 33.Modification of enactments

    8. 34.Orders, regulations and rules

    9. 35.Commencement and short title

    1. SCHEDULE 1

      Additional Support Needs Tribunals for Scotland

      1. Iterpretation

        1. 1.In this schedule— “panel” means a panel referred to in...

      2. The President

        1. 2.(1) The Scottish Ministers must not appoint an individual under...

      3. The panels

        1. 3.(1) The Scottish Ministers must appoint— (a) a panel of...

      4. Constitution of Tribunals

        1. 4.(1) The President must from time to time constitute such...

      5. Terms of Office

        1. 5.(1) Each Tribunal member— (a) holds office for such period...

      6. Removal from office

        1. 6.The Scottish Ministers may remove a Tribunal member from office...

      7. Allowances for Tribunal members

        1. 7.The Scottish Ministers may pay to a Tribunal member such...

      8. Administration of Tribunal functions

        1. 8.(1) The Tribunals constituted under paragraph 4(1) are to sit...

      9. Staff,property and services

        1. 9.(1) The Scottish Ministers are to provide the President and...

      10. Finance

        1. 10.The Scottish Ministers are to pay any expenses reasonably incurred...

      11. Rules of procedure

        1. 11.(1) The Scottish Ministers must make rules as to the...

        2. 11A.Power to monitor implementation of Tribunal decisions

      12. Practice directions

        1. 12.The President may give directions as to the practice and...

      13. Evidence

        1. 13.(1) A Tribunal may by citation require any person—

      14. Decisions of a Tribunal

        1. 14.(1) A decision of a Tribunal— (a) may be reached...

      15. Annual report

        1. 15.(1) The President must, in respect of each reporting year,...

      16. Disclosure of information

        1. 16.The President must, at such times and in respect of...

      17. Allowances etc,for attendance at hearings and preparation of reports

        1. 17.A Tribunal may pay to any person (other than the...

    2. SCHEDULE 2

      Children and young persons with additional support needs: placing requests

      1. Introductory

        1. 1.Sections 28A, 28C, 28E, 28F and 28G of the 1980...

      2. Duty to comply with placing requests

        1. 2.(1) Where the parent of a child having additional support...

      3. Circumstances in which duty does not apply

        1. 3.(1) The duty imposed by sub-paragraph (1) or, as the...

      4. Placing requests: further provision

        1. 4.(1) An education authority must inform a parent in writing...

      5. Reference to appeal committee of refusal of placing request

        1. 5.(1) A parent who has made a placing request may...

      6. References to appeal committees: suplementary provisions

        1. 6.(1) An appeal committee may, on a reference made to...

      7. Appeal to sherrif from appeal committee

        1. 7.(1) A parent who has made a reference to an...

      8. Young persons having additional support needs

        1. 8.(1) Paragraphs 2 to 7 apply to a young person...

    3. SCHEDULE 3

      Modification of enactments

      1. Teaching Council (Scotland) Act 1965 (c.19)

        1. 1.In the Teaching Council (Scotland) Act 1965, in Part I...

      2. National Health Service (Scotland) Act 1978 (c.29)

        1. 2.In the National Health Service (Scotland) Act 1978, in section...

      3. Education (Scotland) Act 1980 (c.44)

        1. 3.(1) The Education (Scotland) Act 1980 is amended as follows....

      4. Education (Scotland) Act 1981 (c.58)

        1. 4.In the Education (Scotland) Act 1981, the following provisions are...

      5. Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

        1. 5.In the Disabled Persons (Services, Consultation and Representation) Act 1986,...

      6. Self-Governing Schoolsetc. (Scotland) Act 1989 (c.39)

        1. 6.In the Self-Governing Schools etc. (Scotland) 1989, the following provisions...

      7. Further and Higher Education(Scotland) Act 1992 (c.37)

        1. 7.In the Further and Higher Education (Scotland) Act 1992, the...

      8. Tribunals and Inquiries Act 1992 (c.53)

        1. 8.In Part II of Schedule 1 to the Tribunals and...

      9. Children (Scotland) Act 1995 (c.36)

        1. 9.In the Children (Scotland) Act 1995, in Schedule 4 (minor...

      10. Education (Scotland) Act 1996 (c.43)

        1. 10.In the Education (Scotland) Act 1996— (a) in section 4...

      11. Standards in Scotland's Schools etc. Act 2000 (asp 6)

        1. 11.In the Standards in Scotland’s Schools etc. Act 2000, sections...

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