The Additional Support Needs Tribunals for Scotland (Appointment of President, Conveners and Members) Regulations 2005
[DRAFT]
CONSULTATION PAPER ASN-01

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This is the first in a series of consultations in relation to the implementation of the Education (Additional Support for Learning) (Scotland) Act 2004.

The closing date for responses is 31 Dec 2004.

Consultation

The Education (Additional Support for Learning) (Scotland) Act 2004 ("the Act"), received Royal Assent on 7 May 2004 but has not yet been brought into force. The Executive is working towards bringing the Act into force in autumn 2005.

The Act creates Additional Support Needs Tribunals for Scotland and requires Scottish Ministers to appoint a President of the Tribunals and members of the Tribunals. The President and members need to have the qualifications, training and experience which Scottish Ministers specify. The attached draft regulations specify that the President of the Tribunals and those members of the Tribunals who can serve as conveners of Tribunals be legally qualified in Scotland, England and Wales or Northern Ireland for at least 7 years. The other members of the Tribunals are to have knowledge of and experience in working with children and young persons with additional support needs and are not to be eligible for appointment as conveners.

This consultation seeks your views on the requirements for the qualifications, training and experience of the President and Tribunal members set out in the draft regulations.

Please send any written comments by Friday 31 Dec 2004 to:

Elaine Lane
Scottish Executive Education Department
Additional Support Needs Division
Area 3B (North)
Victoria Quay
EDINBURGH
EH6 6QQ
E-mail: ASLAct@Scotland.gsi.gov.uk
Fax: 0131 244-7943

Please note that responses will be made available to the public, unless respondents ask for their comments to remain confidential.

If you would like further hard copies of these draft regulations they are available by calling Michael Courtney on 0131 244 4914, or by writing to or e-mailing the above addresses. Alternatively, the consultation paper will be available on the Scottish Executive website at www.scotland.gov.uk (under 'Consultations').

Further information

Education (Additional Support for Learning) (Scotland) Act 2004: http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/acts2004/20040004.htm .

Explanatory Notes on the Act: http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/en2004/2004en04.htm

SCOTTISH STATUTORY INSTRUMENT

2005 No.

EDUCATION

The Additional Support Needs Tribunals for Scotland (Appointment of President, Conveners and Members) Regulations 2005

Made - - - - 2005

Laid before the Scottish Parliament 2005

Coming into force - - 2005

The Scottish Ministers, in exercise of the powers conferred on them by section 17(4) and paragraphs 2(1), 3(1) and 3(2)(c) of Schedule 1 to the Education (Additional Support for Learning) (Scotland) Act 2004(¹), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1. - These Regulations may be cited as the Additional Support Needs Tribunals for Scotland (Appointment of President, Conveners and Members) Regulations 2005 and shall come into force on [ ] 2005.

(2) In these Regulations-

"the Act" means the Education (Additional Support for Learning) (Scotland) Act 2004; and

"working" includes working whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract.

President of the Tribunals

2. The qualifications, training and experience for appointment as President of the Additional Support Needs Tribunals for Scotland shall be-

(a) an advocate or solicitor admitted in Scotland of at least seven years standing;

(b) a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990(²); or

(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years standing.

Conveners of a Tribunal

3. The qualifications, training and experience for appointment to the panel of individuals each of whom may act as the convener of a Tribunal for the purposes of paragraph 3(1)(a) of Schedule 1 to the Act shall be-

(a) an advocate or solicitor admitted in Scotland of at least seven years standing;

(b) a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years standing.

Members of a Tribunal

4. - The qualifications, training and experience for appointment to the panel of individuals each of whom may act as a member of a Tribunal for the purposes of paragraph 3(1)(b) of Schedule 1 to the Act shall be-

(a) knowledge of children and young persons with additional support needs; and

(b) experience in working with children and young persons with additional support needs.

(2) A person eligible for appointment as President or to the panel of those who may act as Convenors is disqualified from appointment to the panel of members of a Tribunal for the purposes of the said paragraph 3(1)(b).

A member of the Scottish Executive
St Andrew's House,
Edinburgh
2004

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Education (Additional Support for Learning) (Scotland) Act 2004 provides for the appointment of a President, a panel of individuals who are to serve as Conveners and a panel of individuals who are to serve as members, of the Additional Support Needs Tribunals for Scotland. These Regulations set out the requirements in relation to qualifications, training and experience for the President, conveners and members.

Regulations 2 and 3 provide that the President and conveners are to be persons legally qualified in Scotland, England and Wales or Northern Ireland of at least seven years standing.

Regulation 4 provides that other members of a Tribunal are to have knowledge of, and experience in working with, children and young persons with additional support needs and that they must not be eligible for appointment as a convener.

Footnotes

(1) 2004 asp 4. Paragraph 1 of Schedule 1 contains a definition "regulations" relevant to the exercise of the statutory powers under which these Regulations are made.

(2) 1990 c.41. Section 71 was amended by sections 43 and 106 of, and paragraph 4 and 9 of Schedule 6 to, the Access to Justice Act 1999 (c.22).