Statutory Instruments
1998 No. 1994 (S.103)

EDUCATION, SCOTLAND
The Education (Assisted Places) (Scotland) Amendment (No.2) Regulations 1998

Made
5th August 1998

Laid before Parliament
11th August 1998

Coming into force
1st September 1998

The Secretary of State, in exercise of the powers conferred on him by section 75A(9) and (9A)(c) of the Education (Scotland) Act 1980(1) and of all other powers enabling him in that behalf, and after having consulted such bodies as appear to him appropriate and to be representative of participating schools in accordance with section 75A(11) of that Act, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Education (Assisted Places) (Scotland) Amendment (No.2) Regulations 1998 and shall come into force on 1st September 1998.

Amendment of the Education (Assisted Places) (Scotland) Regulations 1995

2.  After regulation 23B of the Education (Assisted Places) (Scotland) Regulations 1995(2) there shall be inserted–

“Transfer of assisted place for individual pupil

23C.—(1) This regulation applies to a pupil who holds (or has, at any time since the beginning of the first term of the 1997-98 school year, held) an assisted place at a school which is, or is treated as, a participating school.

(2) The Secretary of State may, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil to whom this regulation applies, authorise another school which is, or is treated as, a participating school to provide for the pupil the assisted place which the school mentioned in paragraph (1) was authorised to provide.”.

Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
5th August 1998

Explanatory Note

(This note is not part of the Regulations)
These Regulations amend the Education (Assisted Places) (Scotland) Regulations 1995. Their effect is to enable the Secretary of State to allow an assisted pupil to transfer to another school within the Assisted Place Scheme and still retain his assisted place, notwithstanding the phasing out of the Scheme provided for by the Education (Schools) Act 1997. Transfer of the assisted place may be authorised only if the Secretary of State is satisfied that it is reasonable to do so in view of the particular circumstances relating to the pupil concerned.


(1)
1980 c. 44; section 75A was inserted by the Education (Scotland) Act 1981 (c. 58) section 5; subsection (9A) was inserted by the Education (Schools) Act 1997 (c. 59), section 5(1)(e) and amended by the School Standards and Framework Act 1998 (c. 31), section 130(2)(b).

(2)
S.I. 1995/1713, amended by S.I. 1996/1808, 1997/1641 and 2773 and 1998/1497. Regulation 23B was inserted by S.I. 1997/2773.