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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005 No. 515 URL: http://www.bailii.org/scot/legis/num_reg/2005/20050515.html |
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| Made | 19th October 2005 | ||
| Laid before the Scottish Parliament | 21st October 2005 | ||
| Coming into force | 14th November 2005 |
(2) These Regulations apply to a young person having additional support needs as they apply to a child having such needs.
(3) For the purpose of the application of these Regulations to a placing request in respect of a young person having additional support needs, references in these Regulations to the parent of a child having additional support needs (as well as references to the child) are to be construed as references to the young person, except where the education authority or appeal committee is satisfied that the young person lacks capacity to do anything which the parent of a child may do under the regulation concerned in which circumstances such references are to be construed as references to the young person's parent.
(4) Any reference in these Regulations to the doing of anything in writing shall be construed in accordance with section 29(5) of the Act, except where a parent or young person reasonably requires a particular form of communication, in accordance with section 31(b) of the Act, in which circumstances any such reference to ‘in writing' shall be construed in accordance with that provision.
(5) Any reference in these Regulations to the receipt of any thing, if posted, is to be presumed to be a reference to such a thing having been received (unless the contrary is proved)–
Deemed decision of an education authority
3.
An education authority shall be deemed to have refused a placing request made in accordance with the provisions of paragraphs 2(1) or (2) or 8 of schedule 2 to the Act–
in the event mentioned in paragraph 4(3) of that schedule, namely if the authority have not before that date of 30th April or, as the case may be, within that period of 2 months, informed the parent or, as the case may be, the young person making the placing request, in writing, of their decision on it in accordance with paragraph 4(1) of that schedule.
Deemed decision of an appeal committee
4.
Subject to regulation 5, where with respect to any reference under paragraph 5(1) of schedule 2 of the Act, or, to the extent to which regulation 5 is applicable, under section 19(5)(c) of the Act, an appeal committee have–
the committee shall be deemed, for the purposes of paragraph 6(6)(b) of that schedule, to have confirmed the decision of the education authority on a placing request, on the expiry of such period of 2 months or, as the case may be, 14 days.
Deemed decision: placing requests referred to Tribunal
5.
—
(1)
Where–
there shall be disregarded for the purpose of computation of the periods referred to in regulation 4(a) to (c) any days during which such referral by the Tribunal has not been notified to the appeal committee.
(2) Notwithstanding regulation 4 and paragraph (1) of this regulation, in computing the periods referred to in regulation 4(a) to (c) that computation shall be subject to the appeal committee having always a period of not less than 10 working days following receipt by the committee of notification from the Tribunal in terms of paragraph (1) within which to take the action referred to in regulation 4(a) to (c).
Provision of information to an appeal committee
6.
Where a parent, or, as the case may be, young person, has referred the decision of the education authority on a placing request to the appeal committee, the authority, on being notified in writing by the committee of receipt of the reference, shall immediately make available in writing to the appeal committee and to the parent, or as the case may be young person, all of the information relevant to their decision, including information concerning the views of the education authority as to the child's or young person's additional support needs and information concerning the additional support, if any, provided for the child or young person.
MALCOLM CHISHOLM
A member of the Scottish Executive
St Andrew's House, Edinburgh
19th October 2005
[2] 1980 c.44 ("the 1980 Act"). Section 28D(1)(a) of the 1980 Act was inserted by section 1(1) of the Education (Scotland) Act 1981 c.58.back
