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

[F13BAssessment of wellbeingS

This section has no associated Explanatory Notes

(1)Subsection (2) applies where, by virtue of this Act, an education authority or Tribunal is required to consider whether the wellbeing of a child who has attained the age of 12 years would, or would not, be adversely affected.

(2)The authority or, as the case may be, Tribunal is to consider the matter by reference to the extent to which the child is or would be—

  • safe,

  • healthy,

  • achieving,

  • nurtured,

  • active,

  • respected,

  • responsible, and

  • included.

(3)The Scottish Ministers may by regulations modify the list in subsection (2) so as to amend, remove or add to the matters for the time being mentioned in the list.

(4)Before making any regulations under subsection (3), the Scottish Ministers must consult such persons as they consider appropriate.]

Textual Amendments