The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018

PART 2 Consequential amendments and revocations of subordinate legislation

Education (Appeal Committee Procedures) (Scotland) Regulations 1982

7.—(1) The Education (Appeal Committee Procedures) (Scotland) Regulations 1982(1) is amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the entry for “education authority” insert ““First-tier Tribunal” means “the First-tier Tribunal for Scotland Health and Education Chamber”; and

(b) the definition of “Tribunal” is revoked.

(3) In regulation 8 (notification of hearing), in sub-paragraph (1)(b), for “Tribunal” substitute “First-tier Tribunal”.

Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

8.—(1) The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003(2) are amended as follows.

(2) In paragraph (s) of regulation 3 (assistance by way of representation: miscellaneous proceedings)—

(a) for “an Additional Support Needs Tribunal” substitute “the First-tier Tribunal for Scotland”; and

(b) for “a tribunal” substitute “the First-tier Tribunal for Scotland”.

Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005

9.—(1) The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005(3) are amended as follows.

(2) In regulation 2 (interpretation) after the entry for “Additional Support Co-ordinator” insert—

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

(3) In regulation 6A (information flow arrangements)—

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

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

(c) in sub-paragraph (2), for “Tribunal” substitute “First-tier Tribunal”; and

(d) in sub-paragraph (4), for “Tribunal” substitute “First-tier Tribunal”.

(4) In regulation 11 (discriminations, retention and destruction of the plan)—

(a) in sub-paragraph (1)(c), for “an Additional Support Needs Tribunal” substitute “the First-tier Tribunal”; and

(b) in sub-paragraph (2), for “a Tribunal” substitute “the First-tier Tribunal”.

Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005

10.—(1) The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005(4) is amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the entry for “appeal committee” insert ““First-tier Tribunal” means the First-tier Tribunal for Scotland Health and Education Chamber”; and

(b) the definition of “Tribunal” is revoked.

(3) In regulation 5 (deemed decision: placing request referred to the Tribunal)—

(a) in paragraph 1—

(i) in sub-paragraph (b), for “a Tribunal, the Tribunal” substitute “the First-tier Tribunal, the First-tier Tribunal”;

(ii) in the closing words, for “Tribunal” substitute “First-tier Tribunal”; and

(b) the title of the regulation becomes “Deemed decision: placing requests referred to First-tier Tribunal”.

Education (School and Placing Information) (Scotland) Regulations 2012

11.—(1) The Education (School and Placing Information) (Scotland) Regulations 2012(5) are amended as follows.

(2) In paragraph 13(i) of schedule 1 (supplementary information), for “sections 17 to 22 (Additional Support Needs Tribunals for Scotland)” substitute “sections 18 to 22”.

Scottish Parliament (Disqualification) Order 2015

12.—(1) The Scottish Parliament (Disqualification) Order 2015(6) is amended as follows.

(2) In Part 1 of the schedule (office-holders disqualified from being a Member of the Scottish Parliament) the entry for “President of the Additional Support Needs Tribunal for Scotland” is revoked.

(1)

S.I. 1982/1736.

(2)

S.S.I. 2003/179.

(3)

S.S.I. 2005/518.

(4)

S.S.I. 2005/515.

(5)

S.S.I. 2012/130.

(6)

S.S.I. 2015/350.