(This note is not part of the Regulations)
These Regulations are made under sections 2, 28B(1)(a)(ii) and (3) of the Education (Scotland) Act 1980 (“the 1980 Act”). The Education (School and Placing Information) (Scotland) Regulations 1982 (“the 1982 Regulations”) relate to the supply and availability of information as to schools and arrangements with respect to placing requests for places in schools under the management of an education authority. These Regulations make further amendments to the 1982 Regulations by amending regulations providing for Records of Needs, placing requests and School Boards.
With regard to Records of Needs, the Education (Additional Support for Learning) (Scotland) Act 2004 (“the 2004 Act”) replaces the system for assessment and recording of children and young people with special needs, including the Records of Needs process, established by the 1980 Act as amended by the Education (Scotland) Act 1981 and subsequent legislation. A new system for identifying and addressing the additional support needs of children and young people who face barriers to learning is provided for in the 2004 Act.
The 2004 Act amends the 1980 Act in terms of placing requests. Schedule 2 to the 2004 Act, together with sections 28(1), 28B and 28D of the 1980 Act as amended by the 2004 Act, provide for placing requests for children and young persons having additional support needs.
Regulations 2(2)(d) and (f), 2(3) to 2(7), 2(8)(a),(b)(i) and (ii), and (c) and 2(9) make amendments regarding Records of Needs and placing requests reflecting the changes in terminology and to the relevant statutory references.
School Boards as established by section 1 of the School Boards (Scotland) Act 1988, were abolished with effect from 1st August 2007 by the Scottish Schools (Parental Involvement) Act 2006. Sections 6 and 16 respectively of that Act provide for Parent Councils and Combined Parent Councils. Regulations 2(8)(b)(iv) to (vii) make amendments to reflect these changes.