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Education (Additional Support for Learning) (Scotland) Act 2004

2004 asp 4 · Enacted 7 May 2004 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 25 March 2020.

An Act of the Scottish Parliament to make provision for additional support in connection with the school education of children and young persons having additional support needs; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 1st April 2004 and received Royal Assent on 7th May 2004

Contents

  1. Main definitions
  2. 1Additional support needs
  3. 2Co-ordinated support plans
  4. 3Children and young persons: capacity
  5. 3AChildren: assessment of capacity, etc.
  6. 3BAssessment of wellbeing
  7. 3CRights of parents of children aged 12 or over
  8. General powers and duties
  9. 4Duties of education authority in relation to children and young persons for whom they are responsible
  10. 5General functions of education authority in relation to additional support needs
  11. Establishment of additional support needs and need for co-ordinated support plan
  12. 6Children and young persons for whom education authority are responsible
  13. 7Other children and young persons
  14. 8Assessments and examinations
  15. 8AAssessments and examinations: further provision
  16. Co-ordinated support plans
  17. 9Duty to prepare co-ordinated support plans
  18. 10Reviews of co-ordinated support plans
  19. 11Co-ordinated support plans: further provision
  20. Exchange of information
  21. 12Duties to seek and take account of views, advice and information
  22. 13Provision of information etc. on occurrence of certain events
  23. Supporters and advocacy
  24. 14Supporters and advocacy
  25. 14AProvision of advocacy service: First-tier Tribunal
  26. Mediation and dispute resolution
  27. 15Mediation services
  28. 16Dispute resolution
  29. Appeals
  30. 17Additional Support Needs Tribunals for Scotland Repealed
  31. 18References to the First-tier Tribunal
  32. 19Powers of First-tier Tribunal in relation to reference
  33. 20References to First-tier Tribunal and powers of First-tier Tribunal: further provision Not yet in force
  34. 21Appeal to Court of Session against Tribunal decision Repealed
  35. Placing requests
  36. 22Placing requests
  37. Miscellaneous
  38. 23Other agencies etc. to help in exercise of functions under this Act
  39. 24Power to prescribe standards etc. for special schools Not yet in force
  40. 25Attendance at establishments outwith the United Kingdom
  41. 26Publication of information by education authority
  42. 26AAvailability of information on additional support needs
  43. 27Code of practice and directions
  44. 27ACollection of data on additional support needs
  45. General
  46. 28Requests under this Act: further provision
  47. 29Interpretation
  48. 30Transitional provision: recorded children and young persons
  49. 31Duty to inform in writing or alternative permanent form
  50. 31AProvision of support service
  51. 32Ancillary provision
  52. 33Modification of enactments
  53. 34Orders, regulations and rules
  54. 35Commencement and short title
  55. Schedule 1: Additional Support Needs Tribunals for Scotland Repealed
  56. Iterpretation Repealed
  57. 1Paragraph 1 Repealed
  58. The President Repealed
  59. 2Paragraph 2 Repealed
  60. The panels Repealed
  61. 3Paragraph 3 Repealed
  62. Constitution of Tribunals Repealed
  63. 4Paragraph 4 Repealed
  64. Terms of Office Repealed
  65. 5Paragraph 5 Repealed
  66. Removal from office Repealed
  67. 6Paragraph 6 Repealed
  68. Allowances for Tribunal members Repealed
  69. 7Paragraph 7 Repealed
  70. Administration of Tribunal functions Repealed
  71. 8Paragraph 8 Repealed
  72. Staff,property and services Repealed
  73. 9Paragraph 9 Repealed
  74. Finance Repealed
  75. 10Paragraph 10 Repealed
  76. Rules of procedure Repealed
  77. 11Paragraph 11 Repealed
  78. 11APower to monitor implementation of Tribunal decisions Repealed
  79. Practice directions Repealed
  80. 12Paragraph 12 Repealed
  81. Evidence Repealed
  82. 13Paragraph 13 Repealed
  83. Decisions of a Tribunal Repealed
  84. 14Paragraph 14 Repealed
  85. Annual report Repealed
  86. 15Paragraph 15 Repealed
  87. Disclosure of information Repealed
  88. 16Paragraph 16 Repealed
  89. Allowances etc,for attendance at hearings and preparation of reports Repealed
  90. 17Paragraph 17 Repealed
  91. Schedule 2: Children and young persons with additional support needs: placing requests
  92. Introductory
  93. 1Paragraph 1
  94. Duty to comply with placing requests
  95. 2Paragraph 2
  96. Circumstances in which duty does not apply
  97. 3Paragraph 3
  98. Placing requests: further provision
  99. 4Paragraph 4
  100. Reference to appeal committee of refusal of placing request
  101. 5Paragraph 5
  102. References to appeal committees: suplementary provisions
  103. 6Paragraph 6
  104. Appeal to sherrif from appeal committee
  105. 7Paragraph 7
  106. Young persons having additional support needs
  107. 8Paragraph 8
  108. Schedule 3: Modification of enactments
  109. Teaching Council (Scotland) Act 1965 (c.19)
  110. 1Paragraph 1 Repealed
  111. National Health Service (Scotland) Act 1978 (c.29)
  112. 2Paragraph 2
  113. Education (Scotland) Act 1980 (c.44)
  114. 3Paragraph 3
  115. Education (Scotland) Act 1981 (c.58)
  116. 4Paragraph 4
  117. Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)
  118. 5Paragraph 5
  119. Self-Governing Schoolsetc. (Scotland) Act 1989 (c.39)
  120. 6Paragraph 6
  121. Further and Higher Education(Scotland) Act 1992 (c.37)
  122. 7Paragraph 7
  123. Tribunals and Inquiries Act 1992 (c.53)
  124. 8Paragraph 8
  125. Children (Scotland) Act 1995 (c.36)
  126. 9Paragraph 9
  127. Education (Scotland) Act 1996 (c.43)
  128. 10Paragraph 10
  129. Standards in Scotland's Schools etc. Act 2000 (asp 6)
  130. 11Paragraph 11