The Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2021
| Jurisdiction | Scotland |
| Citation | SSI 2021/31 |
| Year | 2021 |
2021 No. 31
Education
The Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2021
Made 20th January 2021
Laid before the Scottish Parliament 22th January 2021
Coming into force 27th February 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 28A(5), 28D(3), 28H(5), 56A, 56B and 56D of the Education (Scotland) Act 19801and section 22 and paragraphs 4(3) and 6(6) of schedule 2 of the Education (Additional Support for Learning) (Scotland) Act 20042and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2021 and come into force on 27 February 2021.
Amendment of the Education (Placing in Schools Etc—Deemed Decisions) (Scotland) Regulations 1982
2.—(1) The Education (Placing in Schools Etc—Deemed Decisions) (Scotland) Regulations 19823are amended in accordance with the following paragraphs.
(2) In regulation 4 (deemed decision of education authority)4—
(a)
(a) in paragraph (1)—
(i) for “Subject to the provisions of paragraphs (2) and (5), an” substitute “An”,
(ii) for “31st May” in both places where it appears substitute “15th May”,
(iii) for “3 months” in both places where it appears substitute “2 months”,
(b)
(b) omit paragraphs (2) to (5).
(3) In regulation 5 (deemed decision of appeal committee)5—
(a)
(a) in paragraph (1)—
(i) for “Subject to paragraph (2), where” substitute “Where”,
(ii) omit “, section 63(1)(c) or (d) or (2)(b) or (c) of the Act”,
(iii) in subparagraph (a), for “4 months” substitute “3 months”,
(iv) in subparagraph (c)—
(aa) omit “, section 64(10)”,
(bb) for “28 days” substitute “14 days”,
(v) in the full-out, for “4 months” to the end, substitute “3 months or, as the case may be, 14 days.”.
(b)
(b) omit paragraphs (2) to (4).
Amendment of the Education (Appeal Committee Procedures) (Scotland) Regulations 1982
3.—(1) The Education (Appeal Committee Procedures) (Scotland) Regulations 19826are amended in accordance with the following paragraphs.
(2) In regulation 2(1) (interpretation)7, after the definition of “reference” insert—
““working days” does not include Saturdays, Sundays or any day observed in the administration of an education authority as a holiday”.
(3) In regulation 5 (acknowledgment of reference)8, for “28 days” substitute “5 working days”.
(4) In regulation 7(1) (fixing date of hearing)9, for “3 months” substitute “2 months”.
(5) In regulation 8(1) (notification of hearing)10, for “as soon as reasonably practicable,” substitute—
“(a)
“(a) in the case of a reference other than a reference under sub-paragraph (b) not later than 14 days after receipt of the reference; and
(b)
(b) in the case of a reference under section 19(5)(c) of the 2004 Act not later than 7 days after receipt by the committee of notification from the First-tier Tribunal of the reference;”.
(6) In regulation 9(2) (combined hearings)11, for “3 months” substitute “2 months”.
(7) In regulation 14(2) and (3) (notification of decision)12, for “28 days” substitute “14 days”.
Amendment of the Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005
4.—(1) The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 200513are amended in accordance with the following paragraphs.
(2) In regulation 3 (deemed decision of education authority)14—
(a)
(a) for “31st May” in both places where it appears substitute “15th May”,
(b)
(b) for “3 months” in both places where it appears substitute “2 months”.
(3) In regulation 4 (deemed decision of appeal committee)15—
(a)
(a) in paragraph (a), for “4 months” substitute “3 months”,
(b)
(b) in paragraph (c) , for “28 days” substitute “14 days”,
(c)
(c) in the full-out, for “4 months” to the end substitute “3 months or, as the case may be, 14 days.”.
(4) In regulation 6 (provision of information to appeal committee)16, for “, as soon as reasonably practicable,” substitute “immediately”.
Amendment of the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020
5. In Part 1 of schedule 2 of the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 202017(food standards for secondary school meals and at other times)—
(a) for paragraph 2, substitute—
“2. Oily fish must be provided—
(a) at least once every 3 weeks as part of an evening meal,
(b) at least once every 3...
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