{
  "url": "https://openlegislation.uk/additional-support-for-learning-placing-requests-and-deemed-decisions-scotland-regulations-2005/regulation-5",
  "json_url": "https://openlegislation.uk/additional-support-for-learning-placing-requests-and-deemed-decisions-scotland-regulations-2005/regulation-5.json",
  "legislation": "ssi/2005/515",
  "legislation_title": "The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/additional-support-for-learning-placing-requests-and-deemed-decisions-scotland-regulations-2005",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Deemed decision: placing requests referred to First-tier Tribunal",
  "text": "(1) Where–\n(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\n(b) following referral of that placing request to the 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,\nthere 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 First-tier Tribunal has not been notified to the appeal committee.\n(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).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2005/515/regulation/5",
    "retrieved_at": "2026-10-28T22:23:42.024644+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}