Legislation – The Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020

Amendment of the Education (Appeal Committee Procedures) (Scotland) Regulations 19823.

(1)

The Education (Appeal Committee Procedures) (Scotland) Regulations 19824 are amended in accordance with the following paragraphs.

(2)

In regulation 2(1) (interpretation)5—

(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)

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)

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)

after “appeal committee” insert “as soon as reasonably practicable”,

(b)

for “28 days” substitute “3 months”,

(c)

for “possible” substitute “reasonably practicable”.

(5)

In regulation 8(1) (notification of hearing)8—

(a)

omit subparagraphs (a) and (b),

(b)

before “give notification” insert “as soon as reasonably practicable,”.

(6)

In regulation 9(2) (combined hearings)—

(a)

after “held” insert “as soon as reasonably practicable”,

(b)

for “28 days” substitute “3 months”,

(c)

before “practicable after” insert “reasonably”.

(7)

After regulation 11 (procedure at hearing), insert—

“Written consideration of reference11A.

(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 (3) (notification of decision)9, for “14 days” substitute “28 days”.