SCHEDULE 2

PART 1Consequential amendments and repeals of primary legislation

Education (Additional Support for Learning) (Scotland) Act 20043

1

The Education (Additional Support for Learning) (Scotland) Act 20046 is amended as follows.

2

In section 3B (assessment of wellbeing)—

a

in subsection (1), for “Tribunal” substitute “the First-tier Tribunal”; and

b

in subsection (2), for “Tribunal” substitute “the First-tier Tribunal”.

3

In section 11 (co-ordinated support plans: further provision)—

a

in subsection (2)(b)(ii), for “a Tribunal” substitute “the First-tier Tribunal”; and

b

in subsection (4)(b)(ii), for “a Tribunal” substitute “the First-tier Tribunal”.

4

In section 14A (provision of advocacy service: Tribunal)—

a

in subsection (1), for “Tribunal proceedings” substitute “ proceedings before the First-tier Tribunal”;

b

in subsection (3), for “Tribunal” substitute “First-tier Tribunal”; and

c

the title of the section becomes “Provision of advocacy service: First-tier Tribunal”.

5

In section 15 (mediation services), in subsection (3)(b), for “a Tribunal” substitute “the First-tier Tribunal”.

6

In section 16 (dispute resolution), in subsection (3)(b), for “a Tribunal” substitute “ the First-tier Tribunal”.

7

Section 17 (Additional Support Needs Tribunals for Scotland) is repealed.

8

In section 18 (references to Tribunal)—

a

in subsection (1), for “a Tribunal” substitute “the First-tier Tribunal”;

b

in subsection (2A)(a), for “Tribunal” substitute “First-tier Tribunal”;

c

in subsection (2A)(b), for “Tribunal” substitute “First-tier Tribunal”;

d

in subsection (4)(c), for “a Tribunal” substitute “the First-tier Tribunal”;

e

in subsection (6), for “a Tribunal” substitute “the First-tier Tribunal”;

f

in subsection (7), for “a Tribunal” in each place substitute “the First-tier Tribunal”;

g

in subsection (9), for “a Tribunal” substitute “the First-tier Tribunal”; and

h

in subsection (10)—

i

for “President” substitute “Chamber President”; and

ii

for “a Tribunal” substitute “the First-tier Tribunal”;

iii

the title of the section becomes “References to the First-tier Tribunal”.

9

In section 19 (powers of Tribunal in relation to reference)—

i

in subsection (1), for “a Tribunal” substitute “the First-tier Tribunal”;

ii

in subsection (2), for “Tribunal” in each place substitute “First-tier Tribunal”;

iii

in subsection (3), for “Tribunal” in each place substitute “First-tier Tribunal”;

iv

in subsection (4), for “Tribunal” in each place substitute “First-tier Tribunal”;

v

in subsection (4A), for “Tribunal” in each place substitute “First-tier Tribunal”;

vi

in subsection (5), for “Tribunal” in each place substitute “First-tier Tribunal”;

vii

in subsection (5A), for “Tribunal” substitute “First-tier Tribunal”;

viii

in subsection (7), for “a Tribunal” substitute “the First-tier Tribunal”; and

ix

the title of the section becomes “Powers of First-tier Tribunal in relation to reference”.

10

In section 20 (references to Tribunal and powers of Tribunal: further provision)—

a

in subsection (1), for “Tribunal” substitute “First-tier Tribunal”;

b

in subsection (2)—

i

for “Tribunal” substitute “First-tier Tribunal”; and

ii

for “President” in each place substitute “Chamber President”;

c

in subsection (3) for “Tribunal’s” substitute “First-tier Tribunal’s”; and

d

the title of the section becomes “References to First-tier Tribunal and powers of First-tier Tribunal: further provision”.

11

Section 21 (appeal to Court of Session against Tribunal decision) is repealed.

12

In section 28 (requests under this Act: further provision), in subsection (2)—

a

in paragraph (d), for “a Tribunal” substitute “the First-tier Tribunal”; and

b

in paragraph (e)(ii), for “a Tribunal” substitute “the First-tier Tribunal”.

13

In section 29 (interpretation), in subsection (1)—

a

the definition of “President” is repealed;

b

the definition of “Tribunal” is repealed; and

c

after the definition of “eligible pre-school child”, insert—

  • “First-tier Tribunal” means the First-tier Tribunal for Scotland Health and Education Chamber

14

Schedule 1 is repealed.

15

In schedule 2 (children and young persons with additional support needs: placing requests)—

a

in sub-paragraph (2) of paragraph 5 (reference to appeal committee of refusal of placing request), for “a Tribunal” substitute “the First-tier Tribunal”;

b

in sub-paragraph (5) of paragraph 6 (references to appeal committee: supplementary provisions), for “Tribunal” in each place substitute “First-tier Tribunal”; and

c

in paragraph 7 (appeal to sheriff from appeal committee)—

i

in sub-paragraph (1A), for “a Tribunal” substitute “the First-tier Tribunal”; and

ii

in sub-paragraph (9), for “Tribunal” in each place substitute “First-tier Tribunal”.