Regulation 5 Deemed decision: placing requests referred to First-tier TribunalF3

Scotland

(1)

Where–

(a)

the decision of the education authority refusing the placing request is a decision under section 18(3)(e) of the Act to which section 18(4)(c) of the Act applies; and

(b)

following referral of that placing request to F1the First-tier Tribunal, the First-tier Tribunal has referred the decision to the appeal committee in terms of section 19(5)(c) of the Act,

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 F2First-tier 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).

Annotations

Textual amendments

F1: Words in reg. 5(1)(b) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 10(3)(a)(i)
F2: Words in reg. 5(1)(b) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 10(3)(a)(ii)
F3: Reg. 5 title substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 10(3)(b)