- Latest available (Revised)
- Point in Time (03/05/2005)
- Original (As enacted)
No versions valid at: 03/05/2005
Point in time view as at 03/05/2005. This version of this provision is not valid for this point in time.
There are currently no known outstanding effects for the Education (Additional Support for Learning) (Scotland) Act 2004, Section 12.
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.
Valid from 14/11/2005
(1)In—
(a)establishing in pursuance of any provision of this Act whether any child or young person—
(i)has additional support needs, or
(ii)requires, or would require, a co-ordinated support plan,
(b)establishing in pursuance of a review carried out under section 10 whether any child or young person still requires a co-ordinated support plan,
(c)preparing such a plan for any child or young person, or
(d)determining in pursuance of section 4(1) what provision to make for such additional support as is required by any child or young person having additional support needs,
the education authority must comply with the duty described in subsection (2).
(2)That duty is a duty to—
(a)seek and take account of relevant advice and information from such appropriate agencies and other persons as the education authority think appropriate,
(b)subject to subsection (3), seek and take account of the views of—
(i)in the case of a child, the child (unless the authority are satisfied that the child lacks capacity to express a view) and the child’s parent, and
(ii)in the case of a young person, that young person or, if the authority are satisfied that the young person lacks capacity to express a view, the young person’s parent,
(c)take account of any relevant advice or information provided to the authority by or on behalf of the child or young person concerned, and
(d)take account of any relevant advice and information in the authority’s possession or control by virtue of any of their functions other than their functions relating to education.
(3)In the cases mentioned in subsection (1)(a)(i) and (d), the duty described in subsection (2)(b) applies only in relation to such children and young persons as the authority consider appropriate.
(4)Advice or information is relevant for the purposes of subsection (2)(a), (c) or (d) if it is likely to assist the education authority in doing any of the things referred to in paragraphs (a) to (d) of subsection (1).
(5)Every education authority must—
(a)no later than 12 months before the date on which any child or young person—
(i)having additional support needs, and
(ii)for whose school education the authority are responsible,
is expected to cease receiving school education, or
(b)where the education authority become aware that the child or young person is to cease receiving school education less than 12 months before that date, as soon as reasonably practicable after they become so aware,
comply with the duty in subsection (6).
(6)That duty is a duty to—
(a)request from such appropriate agency or agencies as the authority think fit (if any) such information as the authority consider appropriate concerning any provision which the agency is or, as the case may be, the agencies are likely to make for the child or young person on ceasing to receive school education,
(b)where the authority make a request under paragraph (a), seek the views of—
(i)in the case of a child, that child (unless the authority are satisfied that the child lacks capacity to express a view) and the child’s parent, or
(ii)in the case of a young person, that young person or, if the authority are satisfied that the young person lacks capacity to express a view, the young person’s parent, and
(c)take account of—
(i)any information provided by any appropriate agency or agencies pursuant to a request under paragraph (a),
(ii)any views expressed by the child or young person or the child’s or young person’s parent pursuant to paragraph (b), and
(iii)any provision which the education authority themselves are, in the exercise of any of their functions other than their functions relating to education, likely to make for the child or young person on ceasing to receive school education,
in considering the adequacy of the additional support to be provided for the child or young person during the period before the child or young person ceases to receive school education.
(7)Subsections (5) and (6) are without prejudice to section 4(1)(b).
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: