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The Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications of Subordinate Legislation) Order 2005

S.S.I. 2005/517 · Made 21 October 2005

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EDUCATION

Made 21st October 2005

Laid before the Scottish Parliament 21st October 2005

Coming into force 14th November 2005

The Scottish Ministers, in exercise of the powers conferred by sections 32 and 34 of the Education (Additional Support for Learning) (Scotland) Act 2004f1, and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

2004 asp 4.

Contents

  1. 1Citation and commencement
  2. 2Modifications of subordinate legislation
  3. Signature
  4. Schedule: CONSEQUENTIAL MODIFICATIONS OF SUBORDINATE LEGISLATION
  5. 1The School Premises (General Requirements and Standards) (Scotland) Regulations 1967 (S.I. 1967/1199)
  6. 2The Jordanhill School Grant (Scotland) Regulations 1988 (S.I. 1988/328)
  7. 3The Education (Provision of Information as to Schools) (Scotland) Regulations 1993 (S.I. 1993/1605)
  8. 4The Education (Grants for Further Training of Teachers and Educational Psychologists Etc.) (Scotland) Regulations 1993 (S.I. 1993/974)
  9. 5The Adoption Agencies (Scotland) Regulations 1996 (S.I. 1996/3266)
  10. 6The Education (Lower Primary Class Sizes) (Scotland) Regulations 1999 (S.I. 1999/1080)
  11. 7The Education (Assisted Places) (Scotland) Regulations 2002 (S.S.I. 2001/222)
  12. 8The St Mary’s Music School (Aided Places) (Scotland) Regulations 2001 (S.S.I. 2001/223)
  13. 9The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 (S.S.I. 2003/19)
  14. 10The Pupils' Educational Records (Scotland) Regulations 2003 (S.S.I. 2003/581)
  15. Explanatory note

1Citation and commencement

This Order may be cited as the Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications of Subordinate Legislation) Order 2005 and shall come into force on 14th November 2005.

2Modifications of subordinate legislation

The Schedule to this Order, which makes modifications to subordinate legislation in consequence of the Education (Additional Support for Learning) (Scotland) Act 2004, has effect.

Signature

ROBERT E BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

21st October 2005

1The School Premises (General Requirements and Standards) (Scotland) Regulations 1967 (S.I. 1967/1199)

In regulation 3(9) of the School Premises (General Requirements and Standards) (Scotland) Regulations 1967 (definitions)f1 in the definition of “special school” from “means” to the end substitute “has the meaning given in section 29(1) of the Education (Additional Support for Learning (Scotland) Act 2004 (asp 4);”.

2The Jordanhill School Grant (Scotland) Regulations 1988 (S.I. 1988/328)

In paragraph 7 of the Schedule to the Jordanhill School Grant (Scotland) Regulations 1988f1 for “with special educational needs” substitute “having additional support needs within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)”.

3The Education (Provision of Information as to Schools) (Scotland) Regulations 1993 (S.I. 1993/1605)

In paragraph 7 of the Schedule to the Education (Provision of Information as to Schools) (Scotland) Regulations 1993f1 for “Record of Needs” to the end substitute “Record of Needs or a co ordinated support plan within the meaning of section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), and noting whether the school is a special school, class or unit construed in accordance with the said section of the said Act.”.

4The Education (Grants for Further Training of Teachers and Educational Psychologists Etc.) (Scotland) Regulations 1993 (S.I. 1993/974)

In regulations 1 and 3(a) of the Education (Grants for Further Training of Teachers and Educational Psychologists Etc.) (Scotland) Regulations 1993f1 for “special educational needs” in both places where they occur substitute “additional support needs within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)”.

5The Adoption Agencies (Scotland) Regulations 1996 (S.I. 1996/3266)

The Adoption Agencies (Scotland) Regulations 1996f1 are amended as follows–

(a)

in regulation 19(2)(b) for “special educational needs” substitute “additional support needs within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)”;

(b)

in paragraph 13 of Part 1 of Schedule 2 after “the Education (Scotland) Act 1980” insert “or has additional support needs or a co ordinated support plan within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)”.

6The Education (Lower Primary Class Sizes) (Scotland) Regulations 1999 (S.I. 1999/1080)

The Education (Lower Primary Class Sizes) (Scotland) Regulations 1999f1 are amended as follows–

(a)

in regulation 2 in the definition “suitable education” for “special educational needs” substitute “additional support needs within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)”;

(b)

in paragraph 2 of the Schedule for “recorded child” substitute “a child or young person for whom it has been established that a co ordinated plan is required or for whom a plan has been prepared (and not discontinued) within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)”;

(c)

in paragraph 7 of the Schedule for “special educational needs” in both places where occur substitute “additional support needs within the meaning of the Education (Additional support for Learning) (Scotland) Act 2004 (asp 4)”;

(d)

in paragraph 8 of the Schedule for the words “recorded child” substitute “a child or young person for whom it has been established that a co ordinated support plan is required or for whom a plan has been prepared (and not discontinued) within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)”.

7The Education (Assisted Places) (Scotland) Regulations 2002 (S.S.I. 2001/222)

In paragraph 9 of Schedule 3 to the Education (Assisted Places) (Scotland) Regulations 2001f1 for “special educational needs” substitute “additional support needs within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)”.

8The St Mary’s Music School (Aided Places) (Scotland) Regulations 2001 (S.S.I. 2001/223)

In paragraph 9 of Schedule 2 to the St Mary’s Music School (Aided Places) (Scotland) Regulations 2001f1 for the words “special educational needs” substitute “additional support needs within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)”.

9The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 (S.S.I. 2003/19)

In regulation 11(c)(ii) of the Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003f1 for the words “special educational needs” substitute “additional support needs within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)”.

10The Pupils' Educational Records (Scotland) Regulations 2003 (S.S.I. 2003/581)

The Pupils' Educational Records (Scotland) Regulations 2003f1 are amended as follows–

(a)

in regulation 2 at the appropriate place, in alphabetical order, insert the following definition–

(b)

in regulation 3(1) after the words “Record of Needs” added “or a co ordinated support plan”.

Explanatory note

(This note is not part of the Order)

This Order makes consequential modifications to subordinate legislation. These modifications are consequential and supplemental to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4).

Article 1 of the Order provides for the modifications having effect from 14th November 2005.

The modifications are set out in the Schedule to the Order, which Schedule has effect in accordance with article 2 of the Order.