The Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020
| Year | 2020 |
2020 No. 128
Education
The Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020
Made 22th April 2020
Laid before the Scottish Parliament 22th April 2020
Coming into force 23th April 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 28A(5) and 28D(3) of the Education (Scotland) Act 19801and section 22 of, and paragraphs 4(3) and 6(6) of schedule 2 of the Education (Additional Support for Learning) (Scotland) Act 20042and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 and come into force on 23 April 2020.
Amendment of the Education (Placing in Schools Etc-Deemed Decisions) (Scotland) Regulations 1982
2.—(1) The Education (Placing in Schools Etc-Deemed Decisions) (Scotland) Regulations 19823are amended in accordance with the following paragraphs.
(2) In regulation 4(1) (deemed decision of education authority)—
(a)
(a) for “30th April” in both places where it appears substitute “31st May”,
(b)
(b) for “2 months” in both places where it appears substitute “3 months”.
(3) In regulation 5(1) (deemed decision of appeal committee)—
(a)
(a) in subparagraph (a), for “2 months” substitute “4 months”,
(b)
(b) in subparagraph (c), for “14 days” substitute “28 days”,
(c)
(c) in the full-out, for “2 months” to the end substitute “4 months, 14 days or, as the case may be, 28 days.”.
Amendment of the Education (Appeal Committee Procedures) (Scotland) Regulations 1982
3.—(1) The Education (Appeal Committee Procedures) (Scotland) Regulations 19824are amended in accordance with the following paragraphs.
(2) In regulation 2(1) (interpretation)5—
(a)
(a) after the definition of “education authority” insert—
““electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 20006;”,
(b)
(b) after the definition of “First-tier Tribunal” insert—
““hearing” means an oral hearing and includes a form of hearing conducted in whole or in part by video link, telephone or other means of instantaneous multi-party electronic communication;”,
(c)
(c) omit the definition of “working days”.
(3) In regulation 5 (acknowledgment of reference)7, for “5 working days” substitute “28 days”.
(4) In regulation 7(1) (fixing date of hearing)—
(a)
(a) after “appeal committee” insert “as soon as reasonably practicable”,
(b)
(b) for “28 days” substitute “3 months”,
(c)
(c) for “possible” substitute “reasonably practicable”.
(5) In regulation 8(1) (notification of hearing)8—
(a)
(a) omit subparagraphs (a) and (b),
(b)
(b) before “give notification” insert “as soon as reasonably practicable,”.
(6) In regulation 9(2) (combined hearings)—
(a)
(a) after “held” insert “as soon as reasonably practicable”,
(b)
(b) for “28 days” substitute “3 months”,
(c)
(c) before “practicable after” insert “reasonably”.
(7) After regulation 11 (procedure at hearing), insert—
“Written consideration of reference
11A. (1) The appeal committee may, with the agreement of all parties, determine the reference following consideration of written representations submitted by the parties, rather than by way of a hearing.
(2) Subject to paragraph (3), where paragraph (1) applies, the appeal committee is to determine the procedure that is to be followed and such procedure must make provision that, so far as reasonably practicable, serves the purpose of the procedural steps set out in regulation 11(2) to (5).
(3) Regulations 7 to 10, 12, 13(5) and 14 apply, with any necessary modifications, to a determination of a reference under paragraph (1) as they apply to a hearing.”.
(8) In regulation 14(2) and...
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