The Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020
Citation and commencement1.
These Regulations may be cited as the Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 and come into force on 23 April 2020.
Amendment of the Education (Placing in Schools Etc-Deemed Decisions) (Scotland) Regulations 19822.
(1)
(2)
In regulation 4(1) (deemed decision of education authority)—
(a)
for “30th April” in both places where it appears substitute “31st May”,
(b)
for “2 months” in both places where it appears substitute “3 months”.
(3)
In regulation 5(1) (deemed decision of appeal committee)—
(a)
in subparagraph (a), for “2 months” substitute “4 months”,
(b)
in subparagraph (c), for “14 days” substitute “28 days”,
(c)
in the full-out, for “2 months” to the end substitute “4 months, 14 days or, as the case may be, 28 days.”.
Amendment of the Education (Appeal Committee Procedures) (Scotland) Regulations 19823.
(1)
(2)
(a)
““electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 20006;”,
(b)
““hearing” means an oral hearing and includes a form of hearing conducted in whole or in part by video link, telephone or other means of instantaneous multi-party electronic communication;”,
(c)
omit the definition of “working days”.
(3)
(4)
In regulation 7(1) (fixing date of hearing)—
(a)
after “appeal committee” insert “as soon as reasonably practicable”,
(b)
for “28 days” substitute “3 months”,
(c)
for “possible” substitute “reasonably practicable”.
(5)
(a)
omit subparagraphs (a) and (b),
(b)
before “give notification” insert “as soon as reasonably practicable,”.
(6)
In regulation 9(2) (combined hearings)—
(a)
after “held” insert “as soon as reasonably practicable”,
(b)
for “28 days” substitute “3 months”,
(c)
before “practicable after” insert “reasonably”.
(7)
“Written consideration of reference11A.
(1)
The appeal committee may, with the agreement of all parties, determine the reference following consideration of written representations submitted by the parties, rather than by way of a hearing.
(2)
Subject to paragraph (3), where paragraph (1) applies, the appeal committee is to determine the procedure that is to be followed and such procedure must make provision that, so far as reasonably practicable, serves the purpose of the procedural steps set out in regulation 11(2) to (5).
(3)
Regulations 7 to 10, 12, 13(5) and 14 apply, with any necessary modifications, to a determination of a reference under paragraph (1) as they apply to a hearing.”.
(8)
Amendment of the Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 20054.
(1)
(2)
In regulation 3 (deemed decision of education authority)—
(a)
for “30th April” in both places where it appears substitute “31st May”,
(b)
for “2 months” in both places where it appears substitute “3 months”.
(3)
In regulation 4 (deemed decision of appeal committee)—
(a)
in paragraph (a), for “2 months” substitute “4 months”.
(b)
in paragraph (c) , for “14 days” substitute “28 days”,
(c)
in the full-out, for “2 months” to the end substitute “4 months, 14 days or, as the case may be, 28 days.”.
(4)
In regulation 6 (provision of information to appeal committee), for “immediately” substitute “, as soon as reasonably practicable,”.
St Andrew’s House,
Edinburgh
These Regulations make amendments to regulations that make provision for placing requests and for the procedure of an education appeal committee. The changes made by these Regulations are necessary as a result of coronavirus (severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)).
Regulation 2 amends time limits in the Education (Placing in Schools Etc-Deemed Decisions) (Scotland) Regulations 1982 relating to education authorities’ decisions on placing requests made under the Education (Scotland) Act 1980. It also amends time limits relating to the hearing of appeals by education appeal committees against those decisions and decisions on exclusions of pupils.
Regulation 3 amends time limits in the Education (Appeal Committee Procedures) (Scotland) Regulations 1982 relating to the hearing by education appeal committees of references from education authority decisions. It also makes other amendments to the procedure set out in those regulations, including to provide for hearings to be conducted remotely and for references to be considered by appeal committees on the basis of written representations by the parties.
Regulation 4 amends time limits in the Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005 relating to education authorities’ decisions on placing requests made under the Education (Additional Support for Learning) (Scotland) Act 2004. It also amends time limits relating to the hearing of appeals by education appeal committees against those decisions.