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

Explanatory Note

(This note is not part of the Order)

This Order makes provision for transitional arrangements and savings to allow specified references and placing requests made under the Education (Scotland) Act 1980 (“the 1980 Act”) to be determined under that Act notwithstanding the commencement of the Education (Additional Support for Learning) (Scotland) Act 2004 (“the 2004 Act”).

Article 3 saves the provisions of sections 60 to 65G of the 1980 Act for references to appeal committees and to the Scottish Ministers in respect of certain decisions notified before the commencement of the 2004 Act. Article 4 saves those provisions in respect of placing requests made before commencement.

Articles 5 and 6 make provision as to the effect of a decision of the Scottish Ministers under this Order.

Article 7 makes provision that where an education authority makes a decision to record or to continue to record, and a parent makes a reference against that decision, the appeal committee will direct the education authority to discontinue the record.

Articles 9 to 11 make transitional, arrangements, savings and modifications in relation to the Education (Record of Needs) (Scotland) Regulations 1982 (S.I. 1982 No. 1222), the Education (Placing in Schools Etc. – Deemed Decisions) (Scotland) Regulations 1982 (S.I. 1982 No. 1733) and the Education (Appeal Committee Procedures) (Scotland) Regulations 1982 (S.I. 1982 No. 1736).