The Education (School and Placing Information) (Scotland) Regulations 2012
| Jurisdiction | Scotland |
| Citation | SSI 2012/130 |
| Year | 2012 |
SCOTTISH STATUTORY INSTRUMENTS
2012 No. 130
EDUCATION
The Education (School and Placing Information) (Scotland)
Regulations 2012
Made - - - - 25th April 2012
Laid before the Scottish Parliament 27th April 2012
Coming into force - - 8th December 2012
The Scottish Ministers make the following Regulations in exercise of the powers conferred by
enabling them to do so.
GENERAL
Citation and commencement
1. These Regulations may be cited as the Education (School and Placing Information) (Scotland)
Regulations 2012 and come into force on 8th December 2012.
Interpretation
2. In these Regulations, unless the context otherwise requires—
“the 1980 Act” means the Education (Scotland) Act 1980;
“the 2004 Act” means the Education (Additional Support for Learning) (Scotland) Act
2004(b);
“authority” means an education authority;
“basic information” means information of the kinds specified in Part I of Schedule 1;
“delineated area” in relation to a school, means that part of the area of an authority from which
pupils resident therein will be admitted to the school in terms of a priority based on residence,
in accordance with any guidelines formulated by the authority under section 28B(1)(c)
(information as to placing in schools and other matters) of the 1980 Act;
“information” means information of the kinds specified in a Schedule to these Regulations and
(a) 1980 c.44 (“the 1980 Act”). Section 2 was amended by Schedu le 6 to the Education (Scotland) Act 1996 (c.4 3).
Section 28B was inserted by section 1(1) of the Education (Scotland) Act 1981 (c.58) (“the 1981 Act”) and amended by
schedule 3, paragraph 3(6) to the Education (Additional Support for Learning) (Scotla nd) Act 2004 (asp 4) (“the 2004
Act”). Section 135(1) of the 1980 Act sets out the definition of “prescribed” relevant to the exercise of the statutory powers
under which these Regulations are made. The functions of the Secretary of State under the 1980 Act were transferred to the
Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
(b) 2004 asp 4. Paragraph 1 of schedule 3 was repealed by paragraph 1 of Schedule 7 to the Public Services Reform (General
Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215).
2
“placing arrangements” means an authority’s arrangements for the placing of children in
schools under their management;
“placing request” means a request made in accordance with section 28A(1) (duty to comply
with parents requests as to schools) of the 1980 Act or, in the case of a child having additional
support needs, paragraph 2(1) and (2) (duty to comply with placing requests) of schedule 2
(children and young persons with additional support needs: placing requests) to the 2004
Act(a);
“school” in relation to an authority, means a school under their management;
“school commencement date” means a school commencement date for the time being fixed by
an authority in accordance with section 32 (dates for commencement of school attendance) of
“school information” means information of the kinds specified in Part II of Schedule 1;
“school year” means a period of 12 months commencing on 1st August of a year;
“supplementary information” means information of the kinds specified in Part III of
Schedule 1;
“working day” means in relation to an office of an authority, school or public library, a day on
which the office, school or public library is open for business purposes;
“working hours” means in relation to an office of an authority, school or public library, the
hours during which the office, school or public library is open for business purposes.
Application of these Regulations to young persons and others
3.—(1) These Regulations apply to a young person and a young person having additional
support needs in accordance with paragraph (2).
(2) A provision of these Regulations applying—
(a) to a child, applies to a young person who is a pupil in attendance at school, as it applies to
the child;
(b) to a child with additional support needs, applies to a young person with additional support
needs as it applies to the child;
(c) to the parent of a child, applies—
(i) in the case of a young person with additional support needs who an authority are
satisfied is not capable of expressing that young person’s views, to the parent of that
young person as it applies to the parent of a child; and
(ii) in the case of any other young person, to the young person as it applies to the parent
of a child.
Kinds of information to be published, supplied or made available by an authority
4. The kinds of information to be published, supplied or otherwise made available to parents by
an authority under section 28B of the 1980 Act are—
(a) basic information;
(b) school information;
(c) supplementary information; and
(d) the information specified in Schedule 2 (kinds of information prescribed in relation to
placing requests).
(a) Section 28A of the 1980 Act was inserted by section 1(1) of the 1981 Act and amended by section 33(2) of the Education
(Scotland) Act 1996 c.43, section 43(2 ) of the Standards in Scotland’s Schools etc. Act 2000 asp 6 and section 1(1 )(a)(i) of
the School Education (Amendment) (Scotland) Act 2002 asp 2. Schedule 2, paragraph 1 to the 2004 Act disapplied, in
relation to children and young pers ons having additional support needs, sections 28A, 28C and 28E to 28 G of the 1980 Act
and instead applies t he provisions of that schedule.
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