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Schedule 17 — Disabled pupils: enforcement
Part 3 — Tribunals in Scotland



for enabling prescribed decisions to be reviewed, or prescribed

orders to be varied or revoked, in such circumstances as may be

decided in accordance with the regulations.


Proceedings must be held in private, except in prescribed circumstances.


The Welsh Ministers may pay such allowances for the purpose of or in

connection with the attendance of persons at the Tribunal as they may



Part 1 of the Arbitration Act 1996 does not apply to the proceedings, but

regulations may make provision in relation to such proceedings that

corresponds to a provision of that Part.


The regulations may make provision for a claim to be heard, in prescribed

circumstances, with an appeal under Part 4 of the Education Act 1996

(special educational needs).


A person commits an offence by failing to comply with—


a requirement in respect of the disclosure or inspection of documents

imposed by virtue of sub-paragraph (3)(e), or


a requirement imposed by virtue of sub-paragraph (3)(f).


A person guilty of the offence is liable on summary conviction to a fine not

exceeding level 3 on the standard scale.

Part 3

Tribunals in Scotland



This Part applies in relation to the Scottish Tribunal.



A claim that a responsible body has contravened Chapter 1 of Part 6 because

of a person’s disability may be made to the Tribunal by—


the person’s parent;


where the person has capacity to make the claim, the person.


9     (1)  

This paragraph applies if the Tribunal find the contravention has occurred.


The Tribunal may make such order as it thinks fit.


The power under sub-paragraph (2)—


may, in particular, be exercised with a view to obviating or reducing

the adverse effect on the person of any matter to which the claim



does not include power to order the payment of compensation.

Procedure etc.

10    (1)  

The Scottish Ministers may make rules as to—


the proceedings on a claim under paragraph 8;







Schedule 17 — Disabled pupils: enforcement
Part 3 — Tribunals in Scotland



the making of a claim.


The rules may, in particular, include provision for or in connection with—


the form and manner in which a claim must be made;


the time within which a claim is to be made;


the withdrawal of claims;


the recovery and inspection of documents;


the persons who may appear on behalf of the parties;


the persons who may be present at proceedings alongside any party

or witness to support the party or witness;


enabling specified persons other than the parties to appear or be

represented in specified circumstances;


requiring specified persons to give notice to other specified persons

of specified matters;


the time within which any such notice must be given;


enabling Tribunal proceedings to be conducted in the absence of any

member of a Tribunal other than the convener;


enabling any matters that are preliminary or incidental to the

determination of proceedings to be determined by the convenor of a

Tribunal alone or with such other members of the Tribunal as may

be specified;


enabling Tribunals to be held in private;


enabling a Tribunal to exclude any person from attending all or part

of Tribunal proceedings;


enabling a Tribunal to impose reporting restrictions in relation to all

or part of Tribunal proceedings;


enabling a Tribunal to determine specified matters without holding

a hearing;


the recording and publication of decisions and orders of a Tribunal;


enabling a Tribunal to commission medical and other reports in

specified circumstances;


requiring a Tribunal to take specified actions, or to determine

specified proceedings, within specified periods;


enabling a Tribunal to make an award of expenses;


the taxation or assessment of such expenses;


enabling a Tribunal, in specified circumstances, to review, or to vary

or revoke, any of its decisions, orders or awards;


enabling a Tribunal, in specified circumstances, to review the

decisions, orders or awards of another Tribunal and take such action

(including variation and revocation) in respect of those decisions,

orders or awards as it thinks fit.


11    (1)  

Either of the persons specified in sub-paragraph (2) may appeal on a point

of law to the Court of Session against a decision of a Tribunal relating to a

claim under this Schedule.


Those persons are—


the person who made the claim;


the responsible body.







Schedule 17 — Disabled pupils: enforcement
Part 4 — Admissions and exclusions



Where the Court of Session allows an appeal under sub-paragraph (1) it



remit the reference back to the Tribunal or to a differently constituted

Tribunal to be considered again and give the Tribunal such

directions about the consideration of the case as the Court thinks fit;


make such ancillary orders as it considers necessary or appropriate.

Amendment of Education (Additional Support for Learning) (Scotland) Act 2004


The Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4)

is amended as follows—


in section 17(1), omit “to exercise the functions which are conferred

on a Tribunal by virtue of this Act”,


after section 17(1), insert—


Tribunals are to exercise the functions which are conferred on

them by virtue of—


this Act, and


the Equality Act 2009”;


in the definition of “Tribunal functions” in paragraph 1 of Schedule

1, after “Act” insert “or the Equality Act 2009”.

Part 4

Admissions and exclusions


13    (1)  

This paragraph applies if appeal arrangements have been made in relation

to admissions decisions.


A claim that a responsible body has, because of a person’s disability,

contravened Chapter 1 of Part 6 in respect of an admissions decision must

be made under the appeal arrangements.


The body hearing the claim has the powers it has in relation to an appeal

under the appeal arrangements.


Appeal arrangements are arrangements under—


section 94 of the School Standards and Framework Act 1998, or


an agreement between the responsible body for an Academy and the

Secretary of State under section 482 of the Education Act 1996,


enabling an appeal to be made by the person’s parent against the decision.


An admissions decision is—


a decision of a kind mentioned in section 94(1) or (2) of the School

Standards and Framework Act 1998;


a decision as to the admission of a person to an Academy taken by

the responsible body or on its behalf.


14    (1)  

This paragraph applies if appeal arrangements have been made in relation

to exclusion decisions.



Schedule 17 — Disabled pupils: enforcement
Part 4 — Admissions and exclusions


Schedule 18: Public Sector Equality Duty: exceptions


876. This Schedule lists exceptions to the coverage of the public sector equality duty.

877. Paragraph 1 disapplies the Equality Duty with respect to age in relation to the

education of pupils in schools and the provision of services to pupils in schools and in relation

to children’s homes.

878. Paragraph 2 disapplies the equality of opportunity limb of the Equality Duty in

relation to race, religion or belief or age in relation to immigration functions.

879. Paragraph 3 disapplies the duty in respect of any public functions (as that term is

defined for the purposes of the Human Rights Act 1998) performed by the persons listed in

sub-paragraph (2), or in relation to the functions listed in sub-paragraph (3).

880. Paragraph 4 contains a power for a Minister of the Crown by order to add, change or

remove an exception to the scope of the Equality Duty.


881. This Schedule replaces the exception for immigration functions from the race duty in

section 71A of the Race Relations Act. It also replaces sections 76A(3) and (4) of the Sex

Discrimination Act 1976 and sections 49C and 49D of the Disability Discrimination Act 1995

relating to excepted bodies and functions.


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