Search Legislation

Education (Additional Support for Learning) (Scotland) Act 2004

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 3

 Help about opening options

Version Superseded: 02/04/2012

Alternative versions:

Status:

Point in time view as at 14/11/2005.

Changes to legislation:

There are currently no known outstanding effects for the Education (Additional Support for Learning) (Scotland) Act 2004, SCHEDULE 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

SCHEDULE 3SModification of enactments

(introduced by section 33)

This schedule has no associated Explanatory Notes

Teaching Council (Scotland) Act 1965 (c.19)S

1SIn the Teaching Council (Scotland) Act 1965, in Part I of Schedule 1 (constitution of the Council), in paragraph 1(9)(c), for the words from “with” to “(c.44))” substitute “ having additional support needs within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) ”.

Commencement Information

I1Sch. 3 para. 1 in force at 14.11.2005 by S.S.I. 2005/564, art. 2

National Health Service (Scotland) Act 1978 (c.29)S

2SIn the National Health Service (Scotland) Act 1978, in section 16A (power to make payments towards expenditure on community services), in subsection (1)—

(a)in paragraph (b)—

(i)sub-paragraph (i) is repealed, and

(ii)for “those terms” substitute “ that term ”,

(b)after paragraph (b) insert—

(ba)any functions under section 4 or 5 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) in making provision for additional support needs;.

Commencement Information

I2Sch. 3 para. 2 in force at 14.11.2005 by S.S.I. 2005/564, art. 2

Education (Scotland) Act 1980 (c.44)S

3(1)The Education (Scotland) Act 1980 is amended as follows.S

(2)In section 1(5) (definitions of certain terms)—

(a)in paragraph (a), sub-paragraph (ii) is repealed,

(b)paragraphs (c) and (d) are repealed.

(3)In section 4 (duty of education authority to provide a psychological service)—

(a)the words “in clinics or elsewhere” are repealed,

(b)in paragraph (a), for “with special educational needs” substitute “ having additional support needs ”,

(c)in paragraph (c)—

(i)for “special educational needs” substitute “ additional support needs ”,

(ii)the words “in clinics” are repealed.

(4)In section 23 (provision by education authority for education of pupils belonging to areas of other authorities)—

(a)in subsection (1), after “Act” insert “ or additional support within the meaning of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (referred to in this section as “the 2004 Act”) ”,

(b)in subsection (1A)—

(i)after “Act” in the first place where it occurs insert “ or any provision of the 2004 Act ”,

(ii)after “Act” in the second place where it occurs insert “ or their functions under sections 4 and 5 of the 2004 Act ”,

(iii)after “education” in the fourth place where it occurs insert “ or additional support within the meaning of the 2004 Act ”,

(c)in subsection (1B), after “Act” insert “ or the 2004 Act ”,

(d)in subsection (2), after “authority” in the second place where it occurs insert “ or have provided additional support within the meaning of the 2004 Act for any such pupil, ”,

(e)in subsection (3)—

(i)the words from “1(5)(c)” to “Act)” are repealed,

(ii)for the words “51 and 60 to 65F” substitute “ and 51 ”,

(iii)after “Act” in the second place where it occurs insert “ and for the purposes of the 2004 Act ”.

(5)In section 28A(3) (circumstances in which the duty to comply with placing requests does not apply), in paragraph (d), for “special educational needs” substitute “ additional support needs ”.

(6)In section 28B (information as to placing in schools and other matters), after subsection (1) insert—

(1A)In the application of subsection (1)(b)(ii) above in relation to a child who has additional support needs—

(a)for the reference to section 28A(1) and (2) of this Act there shall be substituted a reference to paragraph 2 of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), and

(b)placing request” means a placing request within the meaning of that Act..

(7)In section 28D (appeal committees), in subsection (1)—

(a)for the words “, 28H and 63” substitute “ and 28H ”, and

(b)after “Act” insert “ and paragraph 5 of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) ”.

(8)In section 28E (reference to appeal committee of refusal of placing request), subsection (2) is repealed.

(9)In section 38(2) (schools which may be named in attendance orders), in paragraph (b), for “is a recorded child” substitute “ has additional support needs requiring the education or special facilities normally provided at the school ”.

(10)In section 40 (period of operation of attendance orders), the proviso is repealed.

(11)In section 54(4) (provision of clothing for pupils at public schools), for paragraph (b) substitute—

(b)a child or young person—

(i)having additional support needs, and

(ii)who is, for the purposes of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), a child or young person for whose school education an education authority are responsible by virtue of section 29(3)(b) of that Act,

shall be deemed to be attending a school under the management of that authority..

(12)Sections 60 to 65G are repealed.

(13)In section 135 (interpretation)—

(a)in subsection (1)—

(i)at the appropriate place, in alphabetical order, insert the following definition—

  • additional support needs” and references to any child or young person having such needs shall be construed in accordance with section 1(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4);,

(ii)the definitions of “psychological examination”, “Record” and “recorded”, and “special educational needs” are repealed,

(iii)in the definition of “special school”, for the words 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) ”,

(b)in subsection (2), in each of paragraphs (a)(ii) and (b)(ii)—

(i)for “with special educational needs” substitute “ having additional support needs ”,

(ii)for “his special educational needs” substitute “ those needs ”.

(14)Schedule A2 is repealed.

Commencement Information

I3Sch. 3 para. 3(1)-(6)(7)(b)(8)-(14) in force at 14.11.2005 by S.S.I. 2005/564, art. 2

Education (Scotland) Act 1981 (c.58)S

4SIn the Education (Scotland) Act 1981, the following provisions are repealed—

(a)section 3(1) (special educational needs),

(b)section 4(1) and (3) (children and young persons with certain special educational needs),

(c)in Schedule 2—

(i)paragraph 4(a)(ii), and

(ii)paragraphs 6 to 8, and

(d)Schedule 3.

Commencement Information

I4Sch. 3 para. 4 in force at 14.11.2005 by S.S.I. 2005/564, art. 2

Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)S

5SIn the Disabled Persons (Services, Consultation and Representation) Act 1986, the following provisions are repealed—

(a)section 13 (disabled persons leaving special education: Scotland),

(b)in section 14 (assessment and recording of children and young persons), subsections (3) to (6).

Commencement Information

I5Sch. 3 para. 5 in force at 14.11.2005 by S.S.I. 2005/564, art. 2

Self-Governing Schoolsetc. (Scotland) Act 1989 (c.39)S

6SIn the Self-Governing Schools etc. (Scotland) 1989, the following provisions are repealed—

(a)section 71,

(b)section 72, and

(c)in Schedule 10, paragraph 8(2).

Commencement Information

I6Sch. 3 para. 6 in force at 14.11.2005 by S.S.I. 2005/564, art. 2

Further and Higher Education(Scotland) Act 1992 (c.37)S

7SIn the Further and Higher Education (Scotland) Act 1992, the following provisions are repealed—

(a)section 23 (duties of boards of management as regards recorded children),

(b)in Schedule 9 (miscellaneous and consequential amendments), paragraph 7(4).

Commencement Information

I7Sch. 3 para. 7 in force at 14.11.2005 by S.S.I. 2005/564, art. 2

Tribunals and Inquiries Act 1992 (c.53)S

8SIn Part II of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Scottish Committee of the Council on Tribunals), in paragraph 50, after sub-paragraph (b) insert—

(ba)Additional Support Needs Tribunals for Scotland constituted under section 17(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)..

Commencement Information

I8Sch. 3 para. 8 in force at 14.11.2005 by S.S.I. 2005/564, art. 2

Children (Scotland) Act 1995 (c.36)S

9SIn the Children (Scotland) Act 1995, in Schedule 4 (minor and consequential amendments), paragraph 28(4) is repealed.

Commencement Information

I9Sch. 3 para. 9 in force at 14.11.2005 by S.S.I. 2005/564, art. 2

Education (Scotland) Act 1996 (c.43)S

10SIn the Education (Scotland) Act 1996—

(a)in section 4 (quality assurance), in paragraph (a), 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) ”,

(b)in section 33(1) (placing requests), the words “and that section as substituted for certain purposes by Schedule A2 to that Act” are repealed.

Commencement Information

I10Sch. 3 para. 10 in force at 14.11.2005 by S.S.I. 2005/564, art. 2

Standards in Scotland's Schools etc. Act 2000 (asp 6)S

11SIn the Standards in Scotland’s Schools etc. Act 2000, sections 43(4) and 44(7) are repealed.

Commencement Information

I11Sch. 3 para. 11 in force at 14.11.2005 by S.S.I. 2005/564, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources