Valid from 31/01/2005

Part 12 S Children’s hearings

Failure to provide education for excluded pupils S

137 Failure to provide education for excluded pupils: reference S

(1) The Children (Scotland) Act 1995 (c. 36) shall be amended as follows.

(2) In subsection (4) of section 56 (steps where no reference to children’s hearing)—

(a) the word “and” where it occurs immediately after paragraph (a) shall be repealed; and

(b) after paragraph (b) there shall be inserted “; and

(c) he may, where it appears to him that—

(i) an education authority have a duty under section 14(3) of the Education (Scotland) Act 1980 (c. 44) in relation to the child; and

(ii) the authority are not complying with that duty,

refer the matter to the Scottish Ministers.

(4A) A reference made under subsection (4)(c) above shall be in writing.

(4B) A copy of a reference made under subsection (4)(c) above shall be sent by the Principal Reporter to the education authority in respect of which the reference is made.”.

(3) After section 75 there shall be inserted—

“Failure to provide education for excluded pupils S

75B Failure to provide education for excluded pupils: reference to Scottish Ministers

(1) Where it appears to the children’s hearing to whom a child’s case has been referred under section 65(1) of this Act that—

(a) an education authority have a duty under section 14(3) of the Education (Scotland) Act 1980 (c. 44) in relation to the child; and

(b) the authority are not complying with that duty,

they may require the Principal Reporter to refer the matter to the Scottish Ministers.

(2) The Principal Reporter shall comply with any requirement made under subsection (1) above.

(3) A reference made by virtue of subsection (1) above shall be in writing.

(4) A copy of a reference made by virtue of subsection (1) above shall be sent by the Principal Reporter to the education authority in respect of which the reference is made.”.

(4) In subsection (1) of section 93 (interpretation of Part II), after the definition of “disabled” there shall be inserted—

““education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 (c. 44);”.