The Education (Appeal Committee Procedures) (Scotland) Amendment Regulations 2006

Amendment of regulation 2 (interpretation)

3.  In regulation 2 (interpretation) in paragraph (1)–

(a) after the definition of “the Act of 1981” insert–

““the 2004 Act” means the Education (Additional Support for Learning) (Scotland) Act 2004;”;

(b) for the definition of “appellant” substitute–

““appellant” means any person who may refer a decision to an appeal committee in terms of sections 28C(1) or 28H(1) of the Act or as the case may be paragraph 5(1) of schedule 2 to the 2004 Act and who so refers;”;

(c) for the definition of “decision” substitute–

““decision” means a decision which may, in accordance with the provisions of sections 28C(1) or 28H(1) of the Act paragraph 5(1) of schedule 2 to or, as the case may be, section 19(5)(c) the 2004 Act, be referred to an appeal committee and in the case of–

(a)

a decision which may be so referred in accordance with the provisions of section 28C(1) of the Act, includes a decision which an education authority is deemed to have made by virtue of any regulations in force made under section 28A(5) of the Act; and

(b)

a decision which may be so referred in accordance with the provisions of paragraph 5(1) of schedule 2 to the 2004 Act, includes a de cision which an education authority is deemed to have made by virtue of any regulations in force made under paragraph 4(3) of schedule 2 to the 2004 Act;”;

(d) in the definition of “education authority” for “, or as the case may be 63 of the Act” substitute “of the Act, paragraph 5(1) of schedule 2 to, or as the case may be, section 19(5)(c) of the 2004 Act; ”;

(e) in the definition of “placing request” for “section 28A(1) of the Act as substituted by Schedule A2 paragraph 3 to the Act” substitute “paragraph 2(1) of schedule 2 to the 2004 Act”; and

(f) after the definition of “reference” insert–

““Tribunal” means an Additional Support Needs Tribunal for Scotland constituted under section 17(1) of the 2004 Act;”.