The Additional Support for Learning Dispute Resolution (Scotland) Amendment Regulations 2017
| Jurisdiction | Scotland |
| Citation | SSI 2017/356 |
2017 No. 356
Education
The Additional Support for Learning Dispute Resolution (Scotland) Amendment 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 by section 16(1) of the Education (Additional Support for Learning) (Scotland) Act 20041and all other powers enabling them to do so.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Additional Support for Learning Dispute Resolution (Scotland) Amendment Regulations 2017 and come into force on 10th January 2018.
(2) In these Regulations, “the 2005 Regulations” means the Additional Support for Learning Dispute Resolution (Scotland) Regulations 20052.
Amendment of the 2005 Regulations
2.—(1) The 2005 Regulations are amended in accordance with this regulation.
(2) Regulation 2 (interpretation) is amended as follows—
(a)
(a) in regulation 2(1), in the definition of “application”, after “section 16(1)(a),”, insert “(aa),”;
(b)
(b) in regulation 2(2), after “parent”, insert “, child”.
(3) For regulation 3(1) (application for referral to dispute resolution), substitute—
“1 Where any person mentioned in section 16(1)(a), (aa), (b) or (c) of the Act submits an application in writing to the Scottish Ministers in relation to any specified matter, the Scottish Ministers must, within 5 working days of receipt of the application, refer the application to the appropriate education authority and the education authority must consider the application further in accordance with these regulations.”.
(4) After regulation 3 (application for referral to dispute resolution), insert—
“Assessment of capacity
3A.—(1) Where the applicant is a child who has attained the age of 12 years, the education authority must—
(a)
(a) in accordance with section 3A of the Act, assess the child’s capacity as respects views or decisions relating to the purpose of resolving disputes; and
(b)
(b) notify the applicant and the applicant’s parent of the outcome of that assessment (“the determination”) as soon as possible after it has been completed.
(2) Where the education authority is satisfied that the child has capacity, regulation 4 applies.”.
(5) For regulation 4 (preliminary arrangements), substitute—
“Preliminary arrangements
4.—(1) Where the education authority consider an application submitted under regulation 3 relates to a specified matter and that all of the supporting material required under regulation 3(2) has been provided then the education authority must send to the applicant confirmation of acceptance of the application.
(2) At the same time as sending such confirmation the education authority must send a request to the Scottish Ministers for a nomination by them of an individual to act as an independent adjudicator and include with such request a copy of the application and such of the supporting material as the education authority consider appropriate to assist the Scottish Ministers in making their nomination.
(3) Where an education authority consider an application submitted under regulation 3 does not relate to a specified matter or is not accompanied by all of the supporting material required under regulation 3(2), or is otherwise unreasonable then the education authority must send to the applicant notice of their decision not to proceed...
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