Explanatory note

These Regulations make provision under section 16 of the Education (Additional Support for Learning (Scotland) Act 2004 (asp 4) for the resolution of certain disputes as specified in the Schedule to the Regulations between an education authority and a person belonging to the authority’s area specified in subsection (1) of that section (a parent of a child or a young person or, where the young person lacks capacity, their parent).

Regulation 3 prescribes the requirements for an application to have a dispute between the authority and the applicant referred to an independent adjudicator.

Regulation 4 makes provision about the preliminary arrangements to be made by the authority on receipt of an application.

Regulation 5 provides for the establishment by the Scottish Ministers of a panel of individuals to act as independent adjudicators.

Regulation 6 requires the education authority to appoint the individuals nominated by the Scottish Ministers from the panel established under regulation 5 and to pay such fee, expenses or charge as may be directed by the Scottish Ministers or, where there is no such direction, as the authority considers appropriate.

Regulation 7 makes provision for the authority to provide the applicant with their response.

Regulation 8 makes provision for the authority to provide the adjudicator with copies of the papers within 25 working days of sending the applicant confirmation of acceptance in accordance with regulation 4.

Regulation 9 makes provision for the review by, and report with recommendations from, the adjudicator.

Regulation 10 makes provision for the authority’s decision on the outcome of the review.

Regulation 11 makes provision for finality of the review and for the applicant and the authority to meet their own costs, subject to regulation 6.

Regulation 12 deals with repeat applications.