# The Education (Appeal Committee Procedures) (Scotland) Amendment Regulations 2006, Regulation 3: Amendment of regulation 2 (interpretation)


In regulation 2 (interpretation) in paragraph (1)–
(a) after the definition of “the Act of 1981” insert–
““the 2004 Act” means the Education (Additional Support for Learning) (Scotland) Act 2004;”;
(b) for the definition of “appellant” substitute–
““appellant” means any person who may refer a decision to an appeal committee in terms of sections 28C(1) or 28H(1) of the Act or as the case may be paragraph 5(1) of schedule 2 to the 2004 Act and who so refers;”;
(c) for the definition of “decision” substitute–
““decision” means a decision which may, in accordance with the provisions of sections 28C(1) or 28H(1) of the Act paragraph 5(1) of schedule 2 to or, as the case may be, section 19(5)(c) the 2004 Act, be referred to an appeal committee and in the case of–
(a) a decision which may be so referred in accordance with the provisions of section 28C(1) of the Act, includes a decision which an education authority is deemed to have made by virtue of any regulations in force made under section 28A(5) of the Act; and
(b) a decision which may be so referred in accordance with the provisions of paragraph 5(1) of schedule 2 to the 2004 Act, includes a de cision which an education authority is deemed to have made by virtue of any regulations in force made under paragraph 4(3) of schedule 2 to the 2004 Act;”;
(d) in the definition of “education authority” for “, or as the case may be 63 of the Act” substitute “of the Act, paragraph 5(1) of schedule 2 to, or as the case may be, section 19(5)(c) of the 2004 Act; ”;
(e) in the definition of “placing request” for “section 28A(1) of the Act as substituted by Schedule A2 paragraph 3 to the Act” substitute “paragraph 2(1) of schedule 2 to the 2004 Act”; and
(f) after the definition of “reference” insert–
““Tribunal” means an Additional Support Needs Tribunal for Scotland constituted under section 17(1) of the 2004 Act;”.

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Source: https://www.legislation.gov.uk/ssi/2006/322/regulation/3 (the official version)
Page: https://openlegislation.uk/education-appeal-committee-procedures-scotland-amendment-regulations-2006/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.