Regulation 2 Interpretation

In these Regulations–

• “the Act” means the Education (Additional Support for Learning) (Scotland) Act 2004;

• “appeal committee” means an appeal committee set up and maintained under section 28D(1)(a) of the Education (Scotland) Act 1980 M1;

• F1“First-tier Tribunal” means the First-tier Tribunal for Scotland Health and Education Chamber;

• “placing request” has the meaning given in paragraph 2(3) of schedule 2 to the Act;

• “school year” means a period of 12 months commencing on 1st August of any year;

• “specified school” has the meaning given in paragraphs 2(3) and 2(4) of schedule 2 to the Act;

• F2...

• “working day” means any day which is not–

  1. (a)

     a Saturday;

  2. (b)

     a Sunday;

  3. (c)

     a day from 27th December to 31st December inclusive;

  4. (d)

     a day in July; or

  5. (e)

     a day specified as a bank holiday in Scotland in or by virtue of the Banking and Financial Dealings Act 1971 M2.

These Regulations apply to a young person having additional support needs as they apply to a child having such needs.

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.

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.

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)–