Acts of the Scottish Parliament

2004 asp 4

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 1st April 2004 and received Royal Assent on 7th May 2004

An Act of the Scottish Parliament to make provision for additional support in connection with the school education of children and young persons having additional support needs; and for connected purposes.

(a) in relation to a prescribed pre-school child, a child of school age or a young person receiving school education, provision which is additional to, or otherwise different from, the educational provision made generally for children or, as the case may be, young persons of the same age in schools (other than special schools) under the management of the education authority for the area to which the child or young person belongs,

(b) in relation to a child under school age other than a prescribed pre-school child, such educational provision as is appropriate in the circumstances.

(a) an education authority are responsible for the school education of the child or young person,

(b) the child or young person has additional support needs arising from-

(i) one or more complex factors, or

(ii) multiple factors,

(c) those needs are likely to continue for more than a year, and

(d) those needs require significant additional support to be provided-

(i) by the education authority in the exercise of any of their other functions as well as in the exercise of their functions relating to education, or

(ii) by one or more appropriate agencies (within the meaning of section 23(2)) as well as by the education authority themselves.

(a) a factor is a complex factor if it has or is likely to have a significant adverse effect on the school education of the child or young person,

(b) multiple factors are factors which-

(i) are not by themselves complex factors, but

(ii) taken together, have or are likely to have a significant adverse effect on the school education of the child or young person.

(a) in relation to each child and young person having additional support needs for whose school education the authority are responsible, make adequate and efficient provision for such additional support as is required by that child or young person, and

(b) make appropriate arrangements for keeping under consideration-

(i) the additional support needs of, and

(ii) the adequacy of the additional support provided for,

each such child and young person.

(a) they do not otherwise have power to do, or

(b) would result in unreasonable public expenditure being incurred.

(a) under school age (other than a prescribed pre-school child),

(b) belonging to the authority's area, and

(c) who has additional support needs arising from a disability (within the meaning of the Disability Discrimination Act 1995 (c.50)) which the child has.

(a) having additional support needs, but

(b) for whose school education the authority are not responsible.

(a) from among the children and young persons for whose school education they are responsible-

(i) those who have additional support needs, and

(ii) those having additional support needs who require a co-ordinated support plan, and

(b) the particular additional support needs of the children and young persons so identified.

(a) has additional support needs, or

(b) requires a co-ordinated support plan,

(a) in the case of a child, the child's parent,

(b) in the case of a young person-

(i) the young person, or

(ii) if the authority are satisfied that the young person lacks capacity to make the request, the young person's parent.

(a) having, or appearing to have, additional support needs, or

(b) having such needs and requiring, or appearing to require, a co-ordinated support plan.

(a) belonging to the area of the authority, but

(b) for whose school education the authority are not responsible,

(a) a request from a person specified in subsection (3) to establish whether the child or young person in relation to whom the request is made-

(i) has additional support needs, or

(ii) would, if the education authority were responsible for the school education of the child or young person, require a co-ordinated support plan,

(b) in the case of a child or young person being provided with school education at an independent school or a grant-aided school, a request from the managers of the school to establish whether the child or young person would, if the education authority were responsible for the school education of the child or young person, require such a plan.

(a) in the case of a child, the child's parent,

(b) in the case of a young person-

(i) the young person, or

(ii) if the authority are satisfied that the young person lacks capacity to make the request, the young person's parent.

(a) belonging to the area of an education authority, but

(b) for whose school education an education authority are not responsible,

(a) has additional support needs, or

(b) would, if the education authority were responsible for the school education of the child or young person, require a co-ordinated support plan.

(a) in the case of a child, the child's parent,

(b) in the case of a young person-

(i) the young person, or

(ii) if the authority are satisfied that the young person lacks capacity to understand the information or advice, the young person's parent,

(c) where the authority establish the matter referred to in subsection (6) pursuant to a request made by the managers of an independent school or a grant-aided school, those managers.

(a) an education authority propose-

(i) in pursuance of any provision of this Act, to establish whether a child or young person has additional support needs or requires, or would require, a co-ordinated support plan, or

(ii) to review under section 10 any such plan prepared for any child or young person, and

(b) the appropriate person makes a request that the education authority arrange for the child or young person to whom the proposal referred to in paragraph (a) relates to undergo, for the purposes of the proposal, a process of assessment or examination (such a request being referred to in this section as an "assessment request"),

(a) where the proposal referred to in subsection (1)(a) arises from a request referred to in section 6(2), 7(1) or 10(4), the person making the request,

(b) in any other case-

(i) where the proposal relates to a child, the child's parent,

(ii) where the proposal relates to a young person, the young person or, where the authority are satisfied that the young person lacks capacity to make the request, the young person's parent.

(a) a statement of the education authority's conclusions as to-

(i) the factor or factors from which the additional support needs of the child or young person arise,

(ii) the educational objectives sought to be achieved taking account of that factor or those factors,

(iii) the additional support required by the child or young person to achieve those objectives, and

(iv) the persons by whom the support should be provided,

(b) a nomination of a school to be attended by the child or young person,

(c) the name and other appropriate contact details of-

(i) the officer of the authority responsible for the discharge of the authority's duty under subsection (5)(d) of section 11, or

(ii) if the authority arrange under subsection (6) of that section for that duty to be discharged by another person, that other person, and

(d) the name and other appropriate contact details of an officer of the authority from whom-

(i) in the case of a plan prepared for a child, the child's parent,

(ii) in the case of a plan prepared for a young person, the young person or, where the authority are satisfied that the young person lacks capacity to seek advice or information, the young person's parent,

can obtain advice and further information.

(a) on the expiry of the period of 12 months beginning with the date on which the plan was prepared, and

(b) thereafter, on the expiry of each successive period of 12 months beginning with the date on which the previous review (whether carried out under this subsection or subsection (3) or (4)) of the plan was completed.

(a) pursuant to a request referred to in subsection (4), or

(b) if the authority consider it necessary or expedient to do so because of a significant change in the circumstances of the child or young person for whom the plan was prepared since the plan was prepared or, as the case may be, last reviewed.

(a) in the case of a co-ordinated support plan prepared for a child, the child's parent,

(b) in the case of a co-ordinated support plan prepared for a young person-

(i) the young person, or

(ii) where the education authority are satisfied that the young person lacks capacity to make the request, the young person's parent.

(a) if so, continue the plan for the child or young person and make such amendments of it as the authority consider necessary or appropriate, or

(b) if not, discontinue the plan.

(a) in pursuance of any provision of this Act, to establish whether any child or young person requires, or would require, a co-ordinated support plan,

(b) to review under section 10 any such plan prepared for any child or young person.

(a) before proceeding, inform the persons mentioned in subsection (3) of their proposal, and

(b) on establishing the matter referred to in subsection (1)(a) or, as the case may be, completing the review referred to in subsection (1)(b), inform those persons of-

(i) the outcome, and

(ii) the rights (if any) which they have under section 18(1) to make a reference to a Tribunal in connection with the outcome.

(a) in the case of a child, the child's parent,

(b) in the case of a young person-

(i) the young person, or

(ii) if the authority are satisfied that the young person lacks capacity to understand the information, the young person's parent,

(c) where the proposal arises as a result of a request referred to in section 7(1) made by the managers of an independent school or a grant-aided school, those managers.

(a) prepare a co-ordinated support plan for any child or young person under this Act, or

(b) amend any such plan-

(i) following a review carried out under section 10, or

(ii) pursuant to a requirement made by a Tribunal under subsection (4)(b) or (5)(b)(ii) of section 19.

(a) give a copy of the plan or amended plan-

(i) in the case of a child, to the child's parent,

(ii) in the case of a young person, to that young person or, if the authority are satisfied that the young person lacks capacity to understand the plan, to the young person's parent,

(b) ensure that additional support is provided by them for the child or young person in accordance with the plan or amended plan so far as they have power to do so,

(c) seek to ensure that additional support is provided for the child or young person in accordance with the plan or amended plan by any person (other than the education authority) identified in the plan as a person by whom such support should be provided,

(d) co-ordinate, so far as possible, the provision of additional support for the child or young person as mentioned in paragraphs (b) and (c) by the authority and any other persons by whom such support is to be provided, and

(e) inform such persons as they consider appropriate, being persons who will be involved in the provision of additional support for the child or young person, of such matters contained in the plan or amended plan as they consider appropriate.

(a) does not affect the responsibility of the education authority for the discharge of their duty under subsection (5)(d), and

(b) is without prejudice to any other power of the education authority to arrange for the discharge of any of their functions under this Act by another person.

(a) the form of such plans,

(b) the information (in addition to that required by section 9(2)) to be contained in them,

(c) the preparation, keeping, disclosure, discontinuance and destruction of such plans,

(d) the procedures to be followed in carrying out reviews of such plans under section 10,

(e) the transfer of such plans when the children and young persons for whom they are prepared move from the area of one education authority to that of another,

(f) without prejudice to the generality of the other paragraphs in this subsection, the times by which-

(i) such plans are to be prepared, and

(ii) reviews of them under section 10 are to be completed, and

(g) such other matters in relation to co-ordinated support plans as the Scottish Ministers think necessary or expedient.

(a) establishing in pursuance of any provision of this Act whether any child or young person-

(i) has additional support needs, or

(ii) requires, or would require, a co-ordinated support plan,

(b) establishing in pursuance of a review carried out under section 10 whether any child or young person still requires a co-ordinated support plan,

(c) preparing such a plan for any child or young person, or

(d) determining in pursuance of section 4(1) what provision to make for such additional support as is required by any child or young person having additional support needs,

(a) seek and take account of relevant advice and information from such appropriate agencies and other persons as the education authority think appropriate,

(b) subject to subsection (3), seek and take account of the views of-

(i) in the case of a child, the child (unless the authority are satisfied that the child lacks capacity to express a view) and the child's parent, and

(ii) in the case of a young person, that young person or, if the authority are satisfied that the young person lacks capacity to express a view, the young person's parent,

(c) take account of any relevant advice or information provided to the authority by or on behalf of the child or young person concerned, and

(d) take account of any relevant advice and information in the authority's possession or control by virtue of any of their functions other than their functions relating to education.

(a) no later than 12 months before the date on which any child or young person-

(i) having additional support needs, and

(ii) for whose school education the authority are responsible,

is expected to cease receiving school education, or

(b) where the education authority become aware that the child or young person is to cease receiving school education less than 12 months before that date, as soon as reasonably practicable after they become so aware,

(a) request from such appropriate agency or agencies as the authority think fit (if any) such information as the authority consider appropriate concerning any provision which the agency is or, as the case may be, the agencies are likely to make for the child or young person on ceasing to receive school education,

(b) where the authority make a request under paragraph (a), seek the views of-

(i) in the case of a child, that child (unless the authority are satisfied that the child lacks capacity to express a view) and the child's parent, or

(ii) in the case of a young person, that young person or, if the authority are satisfied that the young person lacks capacity to express a view, the young person's parent, and

(c) take account of-

(i) any information provided by any appropriate agency or agencies pursuant to a request under paragraph (a),

(ii) any views expressed by the child or young person or the child's or young person's parent pursuant to paragraph (b), and

(iii) any provision which the education authority themselves are, in the exercise of any of their functions other than their functions relating to education, likely to make for the child or young person on ceasing to receive school education,

in considering the adequacy of the additional support to be provided for the child or young person during the period before the child or young person ceases to receive school education.

(a) no later than 6 months before the date on which any child or young person-

(i) having additional support needs, and

(ii) for whose school education the authority are responsible,

is expected to cease receiving school education, or

(b) where the education authority become aware that the child or young person is to cease receiving school education less than 6 months before that date, as soon as reasonably practicable after they become so aware,

(a) to provide such appropriate agency or agencies as the authority think fit (if any) with the information specified in subsection (3), and

(b) to-

(i) consider what (if any) provision the authority are, in the exercise of any of their functions other than their functions relating to education, likely to make for the child or young person on ceasing to receive school education, and

(ii) for that purpose, take into account any information specified in subsection (3).

(a) information as to the date on which the child or young person is expected to cease receiving school education, and

(b) such other information as the authority consider appropriate concerning the child or young person and the additional support needs of the child or young person.

(a) in the case of a child, the child's parent,

(b) in the case of a young person-

(i) the young person, or

(ii) where the education authority are satisfied that the young person lacks capacity to give consent, the young person's parent.

(a) having additional support needs, and

(b) for whose school education the authorities are responsible.

(a) for the disclosure by the authorities of specified information about such children or young persons-

(i) to specified persons or persons of specified descriptions,

(ii) subject to specified conditions,

(b) for such information to be disclosed, or any other action taken, by specified times.

(a) to have another person (referred to as a "supporter") present at any discussions with the authority for the purpose of supporting the relevant person in the course of those discussions, or

(b) another person (referred to as an "advocate") to-

(i) conduct such discussions or any part of them, or

(ii) make representations to the authority,

on the relevant person's behalf,

(a) in the case of a child, the child's parent,

(b) in the case of a young person-

(i) the young person, or

(ii) if the authority are satisfied that the young person lacks capacity to participate in discussions or make representations as referred to in subsection (1), the young person's parent.

(a) parents of children belonging to the area of the authority,

(b) young persons belonging to that area, or

(c) in relation to any such young persons who lack capacity to express a view or make a decision for those purposes, their parents,

(a) must not require any parent or young person-

(i) to refer any disagreement with the authority to the mediation services provided in accordance with the arrangements, or

(ii) to pay any fee or charge for the provision of the mediation services, and

(b) do not affect the entitlement of any parent or young person to refer any matter to a Tribunal.

(a) the parent of any child belonging to the area of the authority,

(b) any young person belonging to that area, or

(c) in relation to any such young person who lacks capacity to express a view or make a decision for the purposes of resolving such disputes, the young person's parent,

(a) requiring education authorities to establish a procedure in accordance with the regulations for the resolution of such disputes,

(b) applying to all such disputes or only to such descriptions of such disputes as may be specified in the regulations.

(a) must not require any parent or young person-

(i) to use any procedure established in accordance with the regulations for the resolution of any dispute with an education authority, or

(ii) to pay any fee or charge for using any such procedure, and

(b) do not affect the entitlement of any parent or young person to refer any matter to a Tribunal.

(a) where the decision, failure or information relates to a child, the parent of the child,

(b) where the decision, failure or information relates to a young person-

(i) the young person, or

(ii) where the young person lacks capacity to make the reference, the young person's parent.

(a) a decision of the education authority that the child or young person-

(i) requires a co-ordinated support plan, or

(ii) following a review carried out under section 10, still requires such a plan,

(b) a decision of the education authority that the child or young person-

(i) does not require such a plan, or

(ii) following a review carried out under section 10, no longer requires such a plan,

(c) where it has been established that the child or young person does require a co-ordinated support plan, failure by the education authority to prepare a plan by the time required by regulations made in pursuance of subsection (8)(f)(i) of section 11,

(d) where a co-ordinated support plan has been prepared (and not discontinued) for the child or young person-

(i) any of the information contained in the plan by virtue of subsection (2)(a) of section 9,

(ii) failure by the education authority to carry out a review of the plan as required by subsection (2) of section 10,

(iii) where such a review is carried out, failure by the education authority to complete the review by the time required by regulations made in pursuance of subsection (8)(f)(ii) of section 11, or

(iv) a decision of the education authority to refuse a request referred to in subsection (4) of section 10,

(e) where subsection (4) applies, a decision of the education authority refusing a placing request made in respect of the child or young person.

(a) a co-ordinated support plan has been prepared (and not discontinued) for the child or young person,

(b) no such plan has been prepared, but it has been established by the education authority that the child or young person requires such a plan, or

(c) the education authority have decided that the child or young person does not require such a plan and that decision has been referred to a Tribunal under subsection (1).

(a) a review of any co-ordinated support plan prepared for the child or young person has been carried out under section 10,

(b) any such plan prepared for the child or young person has been amended pursuant to a requirement made by a Tribunal under section 19(4)(b), or

(c) where the last such reference of such a decision was made by virtue of subsection (4)(c), a co-ordinated support plan has been prepared for the child or young person.

(a) confirm the decision, or

(b) overturn the decision and require the education authority to take such action as the Tribunal considers appropriate by such time as the Tribunal may require.

(a) confirm the information, or

(b) require the education authority to make such amendment of the information as the Tribunal considers appropriate by such time as the Tribunal may require.

(a) confirm the decision if satisfied that-

(i) one or more of the grounds of refusal specified in paragraph 3(1) or (3) of schedule 2 exists or exist, and

(ii) in all the circumstances it is appropriate to do so,

(b) overturn the decision and require the education authority to-

(i) place the child or young person in the school specified in the placing request to which the decision related, and

(ii) make such amendments to the co-ordinated support plan prepared for the child or young person as the Tribunal considers appropriate by such time as the Tribunal may require, or

(c) where-

(i) the decision was referred to the Tribunal by virtue of the application of subsection (4)(c) of that section, and

(ii) the Tribunal has confirmed the decision of the education authority that the child or young person does not require a co-ordinated support plan,

refer the decision to an appeal committee set up under section 28D of the 1980 Act.

(a) a decision of the education authority-

(i) that the child or young person has, or does not have, additional support needs,

(ii) that a child or young person has additional support needs of a type that the person making the referral considers are not an accurate reflection of the child or young person's additional support needs,

(iii) to refuse an assessment request as referred to in section 8,

(iv) as to the person, or to the means used, or to be used, to carry out the process of assessment or examination referred to in section 8,

(b) failure by-

(i) the education authority,

(ii) any person identified in any co-ordinated support plan prepared for the child or young person as a person by whom additional support should be provided, or

(iii) a combination of these persons,

to provide the additional support required by the child or young person.

(a) the person who made the reference to the Tribunal,

(b) the education authority concerned.

(a) remit the reference back to the Tribunal or to a differently constituted Tribunal to be considered again and give the Tribunal such directions about the consideration of the case as the Court considers appropriate,

(b) make such ancillary orders as it considers necessary or appropriate.

(a) any other local authority,

(b) any Health Board, and

(c) any person, or a person of any description, specified for the purposes of this subsection in an order made by the Scottish Ministers.

(a) is incompatible with its own statutory or other duties, or

(b) unduly prejudices the discharge of any of its functions.

(a) be incompatible with any of their statutory or other duties, or

(b) unduly prejudice the discharge by them of any of their functions.

(a) the fees payable, and any travelling, maintenance and other expenses, in respect of the child or young person's attendance at the establishment,

(b) where in the opinion of the authority it would be to the advantage of the child or young person if-

(i) one or both of the parents of the child or young person, or

(ii) some other person,

were present with the child or young person at the establishment during the period of the child or young person's attendance at the establishment, any travelling, maintenance or other expenses of the parent, parents or other person (as the case may be) so present.

(a) publish information with respect to the matters specified in subsection (2),

(b) keep that information under review, and

(c) where necessary or appropriate, revise the information and publish that revised information.

(a) the authority's policy in relation to provision for additional support needs,

(b) the arrangements made by the authority in pursuance of sections 4(1)(b) and 6(1),

(c) the other opportunities available under this Act for the identification of children and young persons who-

(i) have additional support needs,

(ii) require, or would require, a co-ordinated support plan,

(d) the role of parents, children and young persons in the arrangements referred to in paragraph (b),

(e) the mediation services provided in pursuance of section 15(1), and

(f) the officer or officers of the authority from whom-

(i) parents of children having additional support needs, and

(ii) young persons having such needs,

can obtain advice and further information about provision for such needs.

(a) amending subsection (2) so as to add further matters,

(b) as to-

(i) the time or times by which, and

(ii) the form and manner in which,

the information is to be published.

(a) the particular circumstances or factors which may give rise to additional support needs,

(b) the identification of complex and multiple factors for the purposes of section 2,

(c) the nature of the additional support referred to in section 2(1)(d),

(d) the nature of the additional support to be provided in pursuance of a co-ordinated support plan,

(e) the arrangements to be made in pursuance of sections 4(1)(b) and 6(1),

(f) the seeking of information, advice and views under section 12,

(g) the arrangements to be made under section 15(1),

(h) the carrying out of the duties under paragraph 2(1) and (2) of schedule 2,

(i) the particular circumstances when those duties do not apply.

(a) each education authority and appropriate agency, and

(b) such other persons as they think fit.

(a) is in-

(i) writing, or

(ii) another form which, by reason of its having some permanence, is capable of being used for subsequent reference (as, for example, an audio or video recording), and

(b) contains a statement of the reasons for making the request.

(a) inform the person who made the request of that decision,

(b) in so doing, give reasons for the decision,

(c) except where the request was of the type specified in section 7(2)(b), provide the person who made the request with information as to-

(i) the mediation services provided in pursuance of arrangements made by the authority under section 15(1), and

(ii) any procedures for the resolution of disputes established by the authority in pursuance of any regulations under section 16,

(d) where the request was made under section 6(2)(b) or 10(4), inform the person who made the request of the right under section 18(1) to refer the decision to a Tribunal, and

(e) where the request was a placing request, inform the person who made the request of-

(i) the right under paragraph 5 of schedule 2 to refer the decision to an appeal committee, or

(ii) the right under section 18(1) to refer the decision to a Tribunal,

(as appropriate).

"the 1980 Act" means the Education (Scotland) Act 1980 (c.44),

"the 2000 Act" means the Standards in Scotland's Schools etc. Act 2000 (asp 6),

"additional support" has the meaning given in section 1(3),

"additional support needs" is to be construed in accordance with section 1(1),

"appropriate agency" is to be construed in accordance with section 23(2),

"co-ordinated support plan" has the meaning given in section 2(1) and, in relation to any such plan which has been amended by virtue of any provision of this Act, references in this Act to a co-ordinated support plan are (except where the context otherwise requires) to the plan as amended,

"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39),

"placing request" has the meaning given in paragraph 2(3) of schedule 2,

"prescribed pre-school child" means a child of any description prescribed in an order under section 1(1A) (children under school age in respect of whom education authorities must make provision for school education) of the 1980 Act,

"President" means the President of the Additional Support Needs Tribunals for Scotland appointed under section 17(2),

"primary education" is to be construed in accordance with section 135(2) of the 1980 Act,

"special school" means-

(a) a school, or

(b) any class or other unit forming part of a public school which is not itself a special school,

the sole or main purpose of which is to provide education specially suited to the additional support needs of children or young persons selected for attendance at the school, class or (as the case may be) unit by reason of those needs,

"Tribunal" means an Additional Support Needs Tribunal for Scotland constituted under section 17(1).

"child",

"education authority",

"grant-aided school",

"Health Board",

"independent school",

"managers",

"parent",

"public school",

"school",

"school age",

"school education",

"young person".

(a) in a school under the management of the education authority, or

(b) in pursuance of arrangements made or entered into by the authority.

(a) transmitted by electronic means,

(b) received in legible form, and

(c) capable of being used for subsequent reference.

(a) for whose school education an education authority are, at the commencement date, responsible, and

(b) who, immediately before that date, was a recorded child or young person within the meaning of the 1980 Act.

(a) where the education authority establish in pursuance of subsection (3) that the child or young person requires a co-ordinated support plan, the date on which they so establish that matter,

(b) where the authority establish in pursuance of that subsection that the child or young person does not require such a plan, the date of expiry of the period of 2 years beginning with the date on which they so establish that matter, or

(c) if there is a significant change in the child's or young person's additional support needs, the date on which the authority establish the occurrence of that change,

"the commencement date" means the date on which this section comes into force, and

"the education authority" means the education authority responsible for the child's or young person's school education.

(a) in writing, or

(b) in such other form as the parent or young person may reasonably require, being a form which, by reason of its having some permanence, is capable of being used for subsequent reference (as, for example, an audio or video recording).

(a) such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

(b) different provision for different purposes.

(a) order under sections 20 and 32 containing provisions which add to, replace or omit any part of the text of an Act, or

(b) regulations under section 17(5),

"panel" means a panel referred to in paragraph 3(1),

"regulations" means regulations made by the Scottish Ministers,

"Tribunal functions" means the functions which are conferred on a Tribunal by virtue of this Act,

"Tribunal member" means a member of a panel,

"Tribunal staff" means the staff provided or appointed under paragraph 9.

(a) a panel of individuals having such qualifications, training and experience as may be prescribed in regulations each of whom may act as the convener of a Tribunal, and

(b) a panel of individuals having such qualifications, training and experience as may be prescribed in regulations each of whom may act as a member of a Tribunal other than the convener.

(a) a member of the Scottish Parliament,

(b) a member of the Scottish Executive or a junior Scottish Minister, or

(c) of such other description as may be prescribed in regulations.

(a) either-

(i) the President, or

(ii) one member selected by the President from the panel referred to in paragraph 3(1)(a),

who is to act as the convener of the Tribunal, and

(b) two other members selected by the President from the panel referred to in paragraph 3(1)(b).

(a) holds office for such period (not exceeding 5 years) as is specified in the member's instrument of appointment,

(b) may at any time resign office by giving notice in writing to the Scottish Ministers,

(c) vacates office on becoming disqualified from being a Tribunal member under paragraph 3(2),

(d) in other respects holds office in accordance with the terms of the member's instrument of appointment.

(a) the member has declined re-appointment,

(b) the President has recommended to the Scottish Ministers that the member should not be re-appointed and the Scottish Ministers have accepted that recommendation,

(c) since the member was last appointed to the panel, there has been a reduction in the overall number of members of the panel which the Scottish Ministers consider are needed to enable the President to carry out the functions under paragraph 4,

(d) the member has, since the member was last appointed to the panel, failed without reasonable excuse to comply with the terms of the member's appointment,

(e) the member no longer has the qualifications, training or experience prescribed under paragraph 3(1) for appointment to the panel.

(a) give such directions, and

(b) issue such guidance,

(a) the form and manner in which references to a Tribunal under section 18(1) are to be made,

(b) the time within which such references are to be made,

(c) the withdrawal of references,

(d) the recovery and inspection of documents,

(e) the persons who may appear on behalf of the parties,

(f) the persons who may be present at proceedings alongside any party or witness to support the party or witness,

(g) enabling specified persons other than the parties to appear or be represented in specified circumstances,

(h) requiring specified persons to give notice to other specified persons of specified matters,

(i) the time within which any such notice must be given,

(j) enabling Tribunal proceedings to be conducted in the absence of any member of a Tribunal other than the convener,

(k) enabling any matters that are preliminary or incidental to the determination of proceedings to be determined by the convener of a Tribunal alone or with such other members of the Tribunal as may be specified,

(l) enabling Tribunal proceedings to be held in private,

(m) enabling a Tribunal to exclude any person from attending all or part of Tribunal proceedings,

(n) enabling a Tribunal to impose reporting restrictions in relation to all or part of Tribunal proceedings,

(o) enabling a Tribunal to determine specified matters without holding a hearing,

(p) the recording and publication of decisions and orders of a Tribunal,

(q) enabling a Tribunal to commission medical and other reports in specified circumstances,

(r) requiring a Tribunal to take specified actions, or to determine specified proceedings, within specified periods,

(s) enabling a Tribunal to make an award of expenses,

(t) the taxation or assessment of such expenses.

(a) to attend proceedings of the Tribunal, at such time and place as is specified in the citation, for the purposes of giving evidence,

(b) to produce any document in the custody, or under the control of, that person.

(a) fails to attend the Tribunal proceedings as required by the citation,

(b) refuses or fails, whilst attending proceedings as so required, to answer any question,

(c) deliberately alters, conceals or destroys any document which that person is required by the citation to produce,

(d) refuses or fails to produce any such document,

(a) may be reached by majority, and

(b) must be recorded in a document which contains a full statement of the facts found by the Tribunal and the reasons for the decision.

(a) inform each party of its decision, and

(b) send a copy of the document mentioned in sub-paragraph (1)(b) to each party as soon as reasonably practicable after it is prepared.

(a) the period beginning with the date on which the first President is appointed and ending with 31st March next following that date, and

(b) each successive period of 12 months ending with 31st March.

(a) the Scottish Ministers, and

(b) such persons as the regulations may specify,

(a) such allowances and expenses as the President may determine for the purposes of or in connection with the person's attendance at hearings of the Tribunal,

(b) such amounts as the President may determine in connection with any report prepared in pursuance of rules made under paragraph 11(2)(q).

(a) a special school the managers of which are willing to admit the child,

(b) a school in England, Wales or Northern Ireland the managers of which are willing to admit the child and which is a school making provision wholly or mainly for children (or as the case may be young persons) having additional support needs, or

(c) a school at which education is provided in pursuance of arrangements entered into under section 35 of the 2000 Act,

(a) schools under the management of the education authority to whom it is made, or

(b) schools mentioned in sub-paragraph (2)(a), (b) or (c) the managers of which are willing to admit the child in respect of whom the request is made,

(a) if placing the child in the specified school would-

(i) make it necessary for the authority to take an additional teacher into employment,

(ii) give rise to significant expenditure on extending or otherwise altering the accommodation at or facilities provided in connection with the school,

(iii) be seriously detrimental to the continuity of the child's education,

(iv) be likely to be seriously detrimental to order and discipline in the school,

(v) be likely to be seriously detrimental to the educational well-being of pupils attending the school,

(vi) assuming that pupil numbers remain constant, make it necessary, at the commencement of a future stage of the child's primary education, for the authority to elect either to create an additional class (or an additional composite class) in the specified school or to take an additional teacher into employment at the school, or

(vii) though neither of the tests set out in paragraphs (i) and (ii) is satisfied, have the consequence that the capacity of the school would be exceeded in terms of pupil numbers,

(b) if the education normally provided at the specified school is not suited to the age, ability or aptitude of the child,

(c) if the education authority have already required the child to discontinue attendance at the specified school,

(d) if, where the specified school is a school mentioned in paragraph 2(2)(a) or (b), the child does not have additional support needs requiring the education or special facilities normally provided at that school,

(e) if the specified school is a single sex school (within the meaning of section 26 of the Sex Discrimination Act 1975 (c.65)) and the child is not of the sex admitted or taken (under that section) to be admitted to the school,

(f) if all of the following conditions apply, namely-

(i) the specified school is not a public school,

(ii) the authority are able to make provision for the additional support needs of the child in a school (whether or not a school under their management) other than the specified school,

(iii) it is not reasonable, having regard both to the respective suitability and to the respective cost (including necessary incidental expenses) of the provision for the additional support needs of the child in the specified school and in the school referred to in paragraph (ii), to place the child in the specified school, and

(iv) the authority have offered to place the child in the school referred to in paragraph (ii), or

(g) if, where the specified school is a special school, placing the child in the school would breach the requirement in section 15(1) of the 2000 Act.

(a) on the day after the date on which it was posted, or

(b) if posted on a Friday or Saturday, on the Monday next following.

(a) in relation to the placing request, one or more of the grounds of refusal specified in paragraph 3(1) or (3) exists or exist, and

(b) in all the circumstances it is appropriate to do so,

(a) in the case of a placing request made under paragraph 2(1), to place the child in the specified school,

(b) in the case of a placing request made under paragraph 2(2), to meet the fees and other necessary costs of the child's attendance at the specified school,

(a) after a reference is made to an appeal committee under paragraph 5, but

(b) before the committee has disposed of the reference,

(a) the appeal committee must transfer the reference to the Tribunal, and

(b) on being so transferred, the reference is to be treated as if made to the Tribunal under section 18(1).

(a) requiring an education authority to make information relevant to their decision available to the appeal committee and to the parent referring the decision to the committee,

(b) deeming, for the purposes of this Act, an appeal committee to have confirmed the decision of an education authority on a placing request if the committee has not complied with sub-paragraph (3) of this paragraph within such period or before such date as may be prescribed in the regulations.

(a) is to be made by way of summary application,

(b) must be lodged with the sheriff clerk within 28 days from the date of receipt of the decision of the appeal committee, and

(c) is to be heard in chambers.

(a) on the day after the date on which it was posted, or

(b) if posted on a Friday or Saturday, on the Monday next following.

(a) in relation to the placing request, one or more of the grounds of refusal specified in paragraph 3(1) or (3) exists or exist, and

(b) in all the circumstances, it is appropriate to do,

(a) in the case of a placing request made under paragraph 2(1), to place the child in the specified school,

(b) in the case of a placing request made under paragraph 2(2), to meet the fees and other necessary costs of the child's attendance at the specified school,

(a) after an appeal is made to the sheriff under this paragraph, but

(b) before the sheriff has disposed of the appeal,

(a) the sheriff must transfer the appeal to the Tribunal, and

(b) on being so transferred, the appeal is to be treated as if it were a reference made to the Tribunal under section 18(1).

(a) in paragraph (b)-

(i) sub-paragraph (i) is repealed, and

(ii) for "those terms" substitute "that term",

(b) after paragraph (b) insert-

(a) in paragraph (a), sub-paragraph (ii) is repealed,

(b) paragraphs (c) and (d) are repealed.

(a) the words "in clinics or elsewhere" are repealed,

(b) in paragraph (a), for "with special educational needs" substitute "having additional support needs",

(c) in paragraph (c)-

(i) for "special educational needs" substitute "additional support needs",

(ii) the words "in clinics" are repealed.

(a) in subsection (1), after "Act" insert "or additional support within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (referred to in this section as "the 2004 Act")",

(b) in subsection (1A)-

(i) after "Act" in the first place where it occurs insert "or any provision of the 2004 Act",

(ii) after "Act" in the second place where it occurs insert "or their functions under sections 4 and 5 of the 2004 Act",

(iii) after "education" in the fourth place where it occurs insert "or additional support within the meaning of the 2004 Act",

(c) in subsection (1B), after "Act" insert "or the 2004 Act",

(d) in subsection (2), after "authority" in the second place where it occurs insert "or have provided additional support within the meaning of the 2004 Act for any such pupil,",

(e) in subsection (3)-

(i) the words from "1(5)(c)" to "Act)" are repealed,

(ii) for the words "51 and 60 to 65F" substitute "and 51",

(iii) after "Act" in the second place where it occurs insert "and for the purposes of the 2004 Act".

(a) for the words ", 28H and 63" substitute "and 28H", and

(b) after "Act" insert "and paragraph 5 of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)".

(a) in subsection (1)-

(i) at the appropriate place, in alphabetical order, insert the following definition-

(ii) the definitions of "psychological examination", "Record" and "recorded", and "special educational needs" are repealed,

(iii) in the definition of "special school", for the words from "means" to the end substitute "has the meaning given in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)",

(b) in subsection (2), in each of paragraphs (a)(ii) and (b)(ii)-

(i) for "with special educational needs" substitute "having additional support needs",

(ii) for "his special educational needs" substitute "those needs".

(a) section 3(1) (special educational needs),

(b) section 4(1) and (3) (children and young persons with certain special educational needs),

(c) in Schedule 2-

(i) paragraph 4(a)(ii), and

(ii) paragraphs 6 to 8, and

(d) Schedule 3.

(a) section 13 (disabled persons leaving special education: Scotland),

(b) in section 14 (assessment and recording of children and young persons), subsections (3) to (6).

(a) section 71,

(b) section 72, and

(c) in Schedule 10, paragraph 8(2).

(a) section 23 (duties of boards of management as regards recorded children),

(b) in Schedule 9 (miscellaneous and consequential amendments), paragraph 7(4).

(a) in section 4 (quality assurance), in paragraph (a), for "with special educational needs" substitute "having additional support needs within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)",

(b) in section 33(1) (placing requests), the words "and that section as substituted for certain purposes by Schedule A2 to that Act" are repealed.