The Education (Additional Support for Learning) (Scotland) Act 2004 (Transitional and Savings Provisions) Order 2005

Transitional provision for appeal to an appeal committee against education authority’s decision to record

7.—(1) Where, before the appointed day, an education authority makes a decision–

(a) to record a child; or

(b) following a review under section 65A of the 1980 Act, to continue to record the child,

and the parent of the recorded child refers said decision to an appeal committee by virtue of section 63(1)(a) of the 1980 Act, the appeal committee shall direct the education authority to discontinue the record of the child, and the education authority shall comply with such a direction.

(2) Where, before the appointed day, an education authority make a decision–

(a) to record a young person; or

(b) following a review under section 65A of the 1980 Act, to continue to record the young person,

and where the education authority were satisfied that the young person lacked capacity to express a view for the purposes of section 61(7) of the 1980 Act, the young person’s parent, or in any other case the young person, refers said decision to an appeal committee by virtue of section 63(2)(a) of the 1980 Act, the said appeal committee shall direct the education authority to discontinue the record of the young person, and the authority shall comply with such direction.

(3) Where the appeal committee directs the education authority to discontinue a Record under this article the child, or as the case may be, young person, will be taken not to be a recorded child or recorded young person for the purpose of section 30(1)(b) of the 2004 Act.

(4) Section 63(5) of the 1980 Act will apply to a reference under this article but the appeal committee shall not have power to hear any such reference which was not lodged within 60 days of the appointed day.