SCHEDULE 2
PART 1Consequential amendments and repeals of primary legislation
House of Commons Disqualification Act 19751
1
The House of Commons Disqualification Act 19754 is amended as follows.
2
In Part III of schedule 1 (other disqualifying offices), the entry for “President of the Additional Support Needs Tribunal for Scotland” is repealed.
Tribunals and Inquiries Act 19922
1
The Tribunals and Inquiries Act 19925 is amended as follows.
2
In Part II of schedule 1 (Scottish Tribunals), in respect of the entry relating to education, paragraph 50(ba) is repealed.
Education (Additional Support for Learning) (Scotland) Act 20043
1
The Education (Additional Support for Learning) (Scotland) Act 20046 is amended as follows.
2
In section 3B (assessment of wellbeing)—
a
in subsection (1), for “Tribunal” substitute “the First-tier Tribunal”; and
b
in subsection (2), for “Tribunal” substitute “the First-tier Tribunal”.
3
In section 11 (co-ordinated support plans: further provision)—
a
in subsection (2)(b)(ii), for “a Tribunal” substitute “the First-tier Tribunal”; and
b
in subsection (4)(b)(ii), for “a Tribunal” substitute “the First-tier Tribunal”.
4
In section 14A (provision of advocacy service: Tribunal)—
a
in subsection (1), for “Tribunal proceedings” substitute “ proceedings before the First-tier Tribunal”;
b
in subsection (3), for “Tribunal” substitute “First-tier Tribunal”; and
c
the title of the section becomes “Provision of advocacy service: First-tier Tribunal”.
5
In section 15 (mediation services), in subsection (3)(b), for “a Tribunal” substitute “the First-tier Tribunal”.
6
In section 16 (dispute resolution), in subsection (3)(b), for “a Tribunal” substitute “ the First-tier Tribunal”.
7
Section 17 (Additional Support Needs Tribunals for Scotland) is repealed.
8
In section 18 (references to Tribunal)—
a
in subsection (1), for “a Tribunal” substitute “the First-tier Tribunal”;
b
in subsection (2A)(a), for “Tribunal” substitute “First-tier Tribunal”;
c
in subsection (2A)(b), for “Tribunal” substitute “First-tier Tribunal”;
d
in subsection (4)(c), for “a Tribunal” substitute “the First-tier Tribunal”;
e
in subsection (6), for “a Tribunal” substitute “the First-tier Tribunal”;
f
in subsection (7), for “a Tribunal” in each place substitute “the First-tier Tribunal”;
g
in subsection (9), for “a Tribunal” substitute “the First-tier Tribunal”; and
h
in subsection (10)—
i
for “President” substitute “Chamber President”; and
ii
for “a Tribunal” substitute “the First-tier Tribunal”;
iii
the title of the section becomes “References to the First-tier Tribunal”.
9
In section 19 (powers of Tribunal in relation to reference)—
i
in subsection (1), for “a Tribunal” substitute “the First-tier Tribunal”;
ii
in subsection (2), for “Tribunal” in each place substitute “First-tier Tribunal”;
iii
in subsection (3), for “Tribunal” in each place substitute “First-tier Tribunal”;
iv
in subsection (4), for “Tribunal” in each place substitute “First-tier Tribunal”;
v
in subsection (4A), for “Tribunal” in each place substitute “First-tier Tribunal”;
vi
in subsection (5), for “Tribunal” in each place substitute “First-tier Tribunal”;
vii
in subsection (5A), for “Tribunal” substitute “First-tier Tribunal”;
viii
in subsection (7), for “a Tribunal” substitute “the First-tier Tribunal”; and
ix
the title of the section becomes “Powers of First-tier Tribunal in relation to reference”.
10
In section 20 (references to Tribunal and powers of Tribunal: further provision)—
a
in subsection (1), for “Tribunal” substitute “First-tier Tribunal”;
b
in subsection (2)—
i
for “Tribunal” substitute “First-tier Tribunal”; and
ii
for “President” in each place substitute “Chamber President”;
c
in subsection (3) for “Tribunal’s” substitute “First-tier Tribunal’s”; and
d
the title of the section becomes “References to First-tier Tribunal and powers of First-tier Tribunal: further provision”.
11
Section 21 (appeal to Court of Session against Tribunal decision) is repealed.
12
In section 28 (requests under this Act: further provision), in subsection (2)—
a
in paragraph (d), for “a Tribunal” substitute “the First-tier Tribunal”; and
b
in paragraph (e)(ii), for “a Tribunal” substitute “the First-tier Tribunal”.
13
In section 29 (interpretation), in subsection (1)—
a
the definition of “President” is repealed;
b
the definition of “Tribunal” is repealed; and
c
after the definition of “eligible pre-school child”, insert—
“First-tier Tribunal” means the First-tier Tribunal for Scotland Health and Education Chamber
14
Schedule 1 is repealed.
15
In schedule 2 (children and young persons with additional support needs: placing requests)—
a
in sub-paragraph (2) of paragraph 5 (reference to appeal committee of refusal of placing request), for “a Tribunal” substitute “the First-tier Tribunal”;
b
in sub-paragraph (5) of paragraph 6 (references to appeal committee: supplementary provisions), for “Tribunal” in each place substitute “First-tier Tribunal”; and
c
in paragraph 7 (appeal to sheriff from appeal committee)—
i
in sub-paragraph (1A), for “a Tribunal” substitute “the First-tier Tribunal”; and
ii
in sub-paragraph (9), for “Tribunal” in each place substitute “First-tier Tribunal”.
Equality Act 20104
1
The Equality Act 20107 is amended as follows.
2
In sub-section (1)(c) of section 116 (Education cases) for “an Additional Support Needs Tribunal for Scotland” substitute “the First-tier Tribunal for Scotland Health and Education Chamber”.
3
In sub-section (6)(f) of section 136 (Burden of proof) for “an Additional Support Needs Tribunal for Scotland” substitute “the First-tier Tribunal for Scotland Health and Education Chamber”.
4
In schedule 17 (disabled pupils: enforcement)—
a
in paragraph 1, for “an Additional Support Needs Tribunal for Scotland” in each place substitute “the First-tier Tribunal for Scotland”; and
b
Paragraph 11 is repealed.
Public Services Reform (Scotland) Act 20105
1
The Public Services Reform (Scotland) Act 20108 is amended as follows.
2
In schedule 5 (improvement of public functions: listed bodies), the entry for “Additional Support Needs Tribunals for Scotland” is repealed.
3
In schedule 8 (information on exercise of public functions: listed public bodies), the entry for “Additional Support Needs Tribunals for Scotland” is repealed.
Public Records (Scotland) Act 20116
1
The Public Records (Scotland) Act 20119 is amended as follows.
2
In schedule 1 (authorities to which Part 1 applies), the entry for “Additional Support Needs Tribunals for Scotland” is repealed.
PART 2Consequential amendments and revocations of subordinate legislation
Education (Appeal Committee Procedures) (Scotland) Regulations 19827
1
The Education (Appeal Committee Procedures) (Scotland) Regulations 198210 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 20038
1
The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 200311 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 20059
1
The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 200512 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 200510
1
The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 200513 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 201211
1
The Education (School and Placing Information) (Scotland) Regulations 201214 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 201512
1
The Scottish Parliament (Disqualification) Order 201515 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.