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ANNEX D: DRAFT ASL ACT AMENDMENT BILL 2008
Education (Additional Support for Learning) (Scotland) Bill
[CONSULTATION DRAFT]
CONTENTS
Placing requests and references to Tribunal
1 Placing requests and references to Tribunal
2 References to Tribunal in relation to co-ordinated support plan
Mediation and dispute resolution
3 Mediation services
4 Dispute resolution
5 Contributions not recoverable in respect of certain services
Tribunal: miscellaneous
6 Tribunal: review, reporting restrictions and expenses
General
7 Short title and commencement
Education (Additional Support for Learning) (Scotland) Bill
[CONSULTATION DRAFT]
An Act of the Scottish Parliament to amend the law in relation to the school education of children and young persons having additional support needs; and for connected purposes.
Placing requests and references to Tribunal
1 Placing requests and references to Tribunal
(1) The Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) ("the 2004 Act") is amended in accordance with this section.
(2) In section 1(3)(a) (additional support needs), for "for the area to which the child or young person belongs" substitute "responsible for the school education of the child or young person".
(3) In section 10 (reviews of co-ordinated support plans)-
(a) in subsection (1), for "belonging to their area" substitute "for whose school education they are responsible",
(b) after subsection (5) insert-
"(5A) Where any such co-ordinated support plan as is mentioned in subsection (1) is transferred to the education authority by virtue of regulations made in pursuance of section 11(8), the authority must carry out a review of the plan as soon as practicable after the date of transfer.".
(4) In section 11(8) (co-ordinated support plans: further provision), in paragraph (e) the words from "when" to the end of the paragraph are repealed.
(5) In section 18 (references to Tribunal in relation to co-ordinated support plan)-
(a) in subsection (3)(e)-
(i) for "the", where it occurs for the first time, substitute "an",
(ii) for "the", where it occurs for the second time, substitute "a",
(iii) at the end add "(including such a decision in respect of a child or young person for whose school education the authority refusing the request are not responsible)",
(b) in subsection (4)-
(i) the words ", at the time the placing request is refused" are repealed,
(ii) after paragraph (b) insert-
"(ba) no such plan has been prepared, but the education authority have received a request referred to in section 6(2)(b) to establish whether the child or young person requires such a plan,
(bb) no such plan has been prepared, but under subsection (2)(a) of section 11 the education authority have informed the persons mentioned in subsection (3) of that section of their proposal to establish whether the child or young person requires, or would require, such a plan,".
(6) In schedule 2 (placing requests)-
(a) after paragraph 2(4) add-
"(5) In sub-paragraph (1), the reference to an education authority includes an education authority which are not responsible for the school education of the child.",
(b) after paragraph 4(2) insert-
"(2A) Sub-paragraph (2) does not apply where the placing request was made to an education authority which, at the time of the request, were not responsible for the school education of the child.",
(c) in sub-paragraph (4) of paragraph 6, for the words from "there" to the end of the sub-paragraph substitute-
"the things mentioned in any of paragraphs (a), (b), (ba), (bb) and (c) of section 18(4) occur.",
(d) in sub-paragraph (8) of paragraph 7, for the words from "there" to the end of the sub-paragraph substitute-
"the things mentioned in any of paragraphs (a), (b), (ba), (bb) and (c) of section 18(4) occur.".
2 References to Tribunal in relation to co-ordinated support plan
In section 18 of the 2004 Act (references to Tribunal in relation to co-ordinated support plan), after subsection (5) insert-
"(5A) Where an education authority fail, in response to a request referred to in section 6(2)(b)-
(a) to inform under subsection (2)(a) of section 11 the persons mentioned in subsection (3) of that section of their proposal to establish whether a child or young person requires, or would require, a co-ordinated support plan by the time required by regulations made in pursuance of subsection (8) of that section, or
(b) to inform those persons of any decision not to comply with the request by the time required by regulations made in pursuance of subsection (8) of that section,
that failure is to be treated for the purposes of this section as a decision of the authority that the child or young person does not require a co-ordinated support plan.
(5B) Where under subsection (2)(a) of section 11 the education authority have informed the persons mentioned in subsection (3) of that section of their proposal to establish whether the child or young person requires, or would require, a co-ordinated support plan, failure by the authority so to establish by the time required by regulations made in pursuance of subsection (8) of that section is to be treated for the purposes of this section as a decision of the authority that the child or young person does not require a co-ordinated support plan.".
Mediation and dispute resolution
3 Mediation services
In subsection (1) of section 15 of the 2004 Act (mediation services)-
(a) for paragraph (a) substitute-
"(a) the parents of any children,",
(b) for paragraph (b) substitute-
"(b) any young persons,",
(c) in paragraph (c), the word "such" is repealed,
(d) for the word "such", where it occurs for the third time, substitute "the",
(e) after the word "of", where it occurs for the fifth time, insert "any of".
4 Dispute resolution
In subsection (1) of section 16 of the 2004 Act (dispute resolution), the following are repealed-
(a) in paragraph (a), the words "belonging to the area of the authority",
(b) in paragraph (b), the words "belonging to that area",
(c) in paragraph (c), the word "such" where it occurs for the first time.
5 Contributions not recoverable in respect of certain services
In section 23 of the Education (Scotland) Act 1980 (c.44) (provision by education authority for education of pupils belonging to areas of other authorities), after subsection (2) insert-
"(2A) Subsection (2) does not permit an education authority to recover contributions in respect of-
(a) mediation services provided under arrangements made in pursuance of section 15(1) of the 2004 Act (mediation services), or
(b) services provided by the authority forming part of any procedure provided for in regulations under section 16(1) of that Act (dispute resolution).".
Tribunal: miscellaneous
6 Tribunal: review, reporting restrictions and expenses
(1) Schedule 1 to the 2004 Act (Additional Support Needs Tribunals for Scotland) is amended in accordance with this section.
(2) After paragraph (t) of sub-paragraph (2) of paragraph 11 add-
"(u) enabling a Tribunal, in specified circumstances, to-
(i) review,
(ii) vary or revoke,
any of its decisions, orders or awards,
(v) enabling a Tribunal, in specified circumstances, to review the decisions, orders or awards of another Tribunal and take such action (including variation and revocation) in respect of those decisions, orders or awards as it thinks fit.".
(3) After paragraph 11 insert-
" Breach of reporting restrictions an offence
11A (1) Where any reporting restrictions imposed by a Tribunal after the coming into force of this paragraph, by virtue of rules under paragraph 11, are breached by a person, the person is guilty of an offence.
(2) It is a defence for a person charged with an offence under sub-paragraph (1) to show that the person had a reasonable excuse for breaching the restrictions.
(3) A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Enforcement of orders as to expenses
11B (1) Any order as to expenses made by a Tribunal by virtue of rules under paragraph 11 may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(2) In sub-paragraph (1), the reference to an order as to expenses-
(a) does not include an order which has been revoked, and
(b) in relation to an order which has been varied, is to be construed as a reference to the order as so varied.".
General
7 Short title and commencement
(1) This Act may be cited as the Education (Additional Support for Learning) (Scotland) Act 2008.
(2) This section comes into force on Royal Assent.
(3) The remaining provisions of this Act come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.
(4) Different days may be so appointed for different purposes.
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