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The Education (Scotland) Act 2016 (Commencement No. 4) Regulations 2017
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Scottish Statutory Instruments
2017 No. 354 (C. 28)
Education
The Education (Scotland) Act 2016 (Commencement No. 4) Regulations 2017
Made
24th October 2017
Laid before the Scottish Parliament
26th October 2017
Coming into force
10th January 2018
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 33(2) of the Education (Scotland) Act 2016(1).
Citation and commencement
1. These Regulations may be cited as the Education (Scotland) Act 2016 (Commencement No. 4) Regulations 2017 and come into force on 10th January 2018.
Appointed day
2. 10th January 2018 is the day appointed for the coming into force of the following provisions of the Education (Scotland) Act 2016—
(a)section 19 (additional support for learning) and the schedule in so far as not already in force;
(b)section 28(3) (head teachers: education and training standards).
JOHN SWINNEY
A member of the Scottish Government
St Andrew’s House,
Edinburgh
24th October 2017
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations bring into force the following provisions of the Education (Scotland) Act 2016 (asp 8) (“the 2016 Act”), on 10th January 2018 for all purposes, unless otherwise stated.
Section 19 (additional support for learning), introduces the schedule of the 2016 Act which contains modifications of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (“the 2004 Act”). Section 19 is commenced on 10th January 2018, for the purpose of commencing the remainder of the schedule in so far as not already in force. This includes commencement of paragraphs 1 to 14, 16 to 19, 21 to 25 of the schedule of the 2016 Act and paragraph 20 of the schedule, in so far as not already in force.
These paragraphs all make various amendments to the 2004 Act with a view to enabling children who have attained the age of 12 years to exercise certain rights, do certain things, or have certain things done in relation to them, where they have capacity and it would not adversely affect their wellbeing, under that Act.
Section 28(3) (head teachers: education and training standards) amends section 133 of the Education (Scotland) Act 1980 (c.44) (regulations, etc.) to insert new subsection 2BA to provide that regulations under section 2 (standards, etc., for education authorities) or 74(1) (payment of grants to be subject to conditions), that make provision such as is mentioned in section 90A (head teachers: education and training standards), or section 98DA(1) (head teachers of independent schools: education and training standards), are subject to affirmative procedure.
Such regulations allow the Scottish Ministers to prescribe or make provision for or in connection with, the standards of education and training to be achieved by persons who are to be appointed as head teachers of education authority managed, grant-aided and independent schools.
NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)
The Bill for the 2016 Act received Royal Assent on 8th March 2016. Section 33(1) brought Part 4 of the 2016 Act into force on the day after Royal Assent (apart from section 30). The provisions of the 2016 Act commenced by earlier commencement regulations are detailed in the table below.
| Provision | Date of Commencement | Instrument |
|---|---|---|
| Section 1 (partially) | 1st August 2016 | 2016/192 |
| Section 1 (in so far as not already in force) | 1st August 2017 | 2017/164 |
| Section 2(1) and (2) (partially) | 1st August 2016 | 2016/192 |
| Section 2(1) and (2) (in so far as not already in force) | 1st August 2017 | 2017/164 |
| Section 2(3) (partially) | 1st August 2016 | 2016/192 |
| Section 2(3) (in so far as not already in force) | 1st August 2017 | 2017/164 |
| Section 2(4)(a) (partially) | 1st August 2016 | 2016/192 |
| Section 2(4)(a) (in so far as not already in force) | 1st August 2017 | 2017/164 |
| Section 2(4)(b) | 1st August 2016 | 2016/192 |
| Section 3(1) and (2) (partially) | 1st August 2016 | 2016/192 |
| Section 3(1) and (2) (partially) | 1st December 2016 | 2016/192 |
| Section 3(1) and (2) (in so far as not already in force) | 1st August 2017 | 2017/164 |
| Section 3(3) to (7) | 1st August 2017 | 2017/164 |
| Section 4 | 1st August 2016 | 2016/192 |
| Section 5 | 1st August 2017 | 2017/164 |
| Section 6 | 1st August 2017 | 2017/164 |
| Section 7 (partially) | 1st August 2016 | 2016/192 |
| Section 7 (in so far as not already in force) | 1st February 2017 | 2016/386 |
| Section 8 | 1st February 2017 | 2016/386 |
| Section 9 | 1st February 2017 | 2016/386 |
| Section 10 | 1st February 2017 | 2016/386 |
| Section 11 | 1st February 2017 | 2016/386 |
| Section 12 | 1st February 2017 | 2016/386 |
| Section 13 | 1st February 2017 | 2016/386 |
| Section 14 | 1st February 2017 | 2016/386 |
| Section 15 | 1st February 2017 | 2016/386 |
| Section 16 | 15th July 2016 | 2016/192 |
| Section 17 | 15th July 2016 | 2016/192 |
| Section 18 | 1st February 2017 | 2016/386 |
| Section 19 (partially) | 1st January 2017 | 2016/386 |
| Section 19 (partially) | 1st August 2017 | 2017/164 |
| Section 20 | 1st January 2017 | 2016/386 |
| Section 21(1) and (2) (partially) | 1st August 2016 | 2016/192 |
| Section 24 (partially) | 1st January 2017 | 2016/386 |
| Section 24 (in so far as not already in force) | 10th January 2018 | 2017/164 as amended by 2017/352 |
| Section 26 | 1st January 2017 | 2016/386 |
| Section 27 | 1st January 2017 | 2016/386 |
| Section 28(1) | 1st January 2017 | 2016/386 |
| Section 29 | 1st August 2016 | 2016/192 |
| Section 30 | 1st August 2016 | 2016/192 |
| Schedule, paragraph 15 | 1st August 2017 | 2017/164 |
| Schedule, paragraph 20 (partially) | 1st January 2017 | 2016/386 |
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