Search Legislation

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

Section 5 – General functions of education authority in relation to additional support needs

11.This section specifies the general duties on education authorities to take account of the additional support needs of children and young people when providing school education. Subsections (2) and (3) oblige an education authority to provide additional support to disabled children in their area, who are under 5 years old and not in pre-school education, where such children have been referred to the authority by a health board and it is established that they do have additional support needs.

12.In addition, subsection (4) enables education authorities to assist other children and young people with additional support needs for whose school education they are not responsible. This means children and young people being educated at home or at an independent school or pre-school centre, under arrangements made by their parents, can be helped by an education authority, but the authority are not under a duty to do so. It also includes children under the age of 3 who are not disabled, but who have additional support needs.

Back to top


Print Options


Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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