Regulation 4 Deemed decision of an appeal committee
Scotland
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–
failed to hold a hearing within the period of F12 months immediately following receipt by the committee of the reference;
failed within the period of 14 days immediately following an adjournment of a hearing to fix a date for a resumed hearing of the reference; or
failed to comply with paragraph 6(3) of that schedule (notification of appeal committee's decision) within the period of F214 days immediately following the conclusion of the hearing, or as the case may be, resumed hearing of that reference,
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 F32 months or, as the case may be, 14 days.
Annotations
Textual amendments
- F1
Words in reg. 4 substituted (28.2.2022) by The Education (Miscellaneous Amendments) (Coronavirus) (Scotland) (No. 2) Regulations 2021 (S.S.I. 2021/462), regs. 1, 4(b)
- F2
Words in reg. 4(c) substituted (27.2.2021) by The Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2021 (S.S.I. 2021/31), regs. 1, 4(3)(b)
- F3
Words in reg. 4 substituted (27.2.2021) by The Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2021 (S.S.I. 2021/31), regs. 1, 4(3)(c)