SCHEDULEMODIFICATIONS OF THE EDUCATION (ADDITIONAL SUPPORT FOR LEARNING) (SCOTLAND) ACT 2004

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In schedule 1 (Additional Support Needs Tribunal for Scotland), in paragraph 11(2)—

(a)

after paragraph (f) insert—

“(fa)

seeking the views of children whose parents have made references to a Tribunal under section 18(1) in relation to the children,”,

(b)

after paragraph (ka) insert—

“(kb)

enabling a convener of a Tribunal and without holding a hearing to determine specified matters relating to the decision of an education authority as respects—

(i)

the capacity of a child who has attained the age of 12 years to exercise a right under this Act, or

(iii)

whether something would adversely affect the wellbeing of a child who has attained the age of 12 years,

(kc)

the practice and procedure relating to matters that may be determined by a convener alone by virtue of paragraph (kb),

(kd)

applying (with such modifications as may be specified) section 19(2) to a convener determining a matter by virtue of paragraph (kb) as that section applies to a Tribunal,”, and

(c)

in paragraph (v), after “Tribunal” where it second occurs, insert “ , or a convener alone following a determination mentioned in paragraph (kb). ”.