The Education (Additional Support for Learning) (Scotland) Act 2004 (Commencement No. 3) Order 2005

Made: 9th November 2005

The Scottish Ministers, in exercise of the powers conferred by sections 34(2)(b) and 35(1) of the Education (Additional Support for Learning) (Scotland) Act 2004[^f00001], hereby make the following Order:

Citation

1

This Order may be cited as the Education (Additional Support for Learning) (Scotland) Act 2004 (Commencement No. 3) Order 2005.

Appointed Day

2

All the provisions of the Education (Additional Support for Learning) (Scotland) Act 2004, so far as not then in force, shall come into force on 14th November 2005 for all purposes excepting sections 20 and 24 and paragraph 3(7)(a) of Schedule 3 which shall not come into force on that date and in the case of paragraph 3(5) of Schedule 2 the power to make regulations shall not come into force on that date.

Signed

ROBERT E BROWN — Authorised to sign by the Scottish Ministers — 9th November 2005

Explanatory note

(This note is not part of the Order)

This Order appoints the date for the coming into force of all remaining provisions of the Education (Additional Support for Learning) (Scotland) Act 2004 (“the Act”) not already in force with certain exceptions. The Act received Royal Assent on 7th May 2004.

Article 2 appoints 14th November 2005 as the day for coming into force of all provisions of the Act except those specified. Section 20 (References to Tribunal and powers (Tribunal: further provision). Section 24 (Power to prescribe standards etc. for special schools) and paragraph 3(7)(a) of Schedule 3(Modification of enactments) which repeals the reference to section 63 of the Education (Scotland) Act 1980 from section 28D (Appeal Committees) of that Act are not commenced.

The power to make regulations regarding the number or percentage of reserved places which is contained within Schedule 2 paragraph 3(5) (Circumstances in which duty to comply with placing requests does not apply) is not commenced.

Footnotes

[^f00001]: 2004 asp 4.