The first instrument for consideration under agenda item 2 is SSI 2020/149, which amends regulation 5 of the Education (Placing in Schools Etc—Deemed Decisions) (Scotland) Regulations 1982 (SI 1982/1733). That regulation applies when an education authority has decided to exclude a pupil from school. An appeal against such a decision is heard by an education appeal committee. When the committee fails to hold a hearing within a set time, it is deemed to have confirmed the original decision to exclude the pupil. SSI 2020/149 increases that period of time from one month to four months.
The instrument was laid before the Parliament on 14 May and came into force on 15 May, which does not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument. The committee is therefore required under standing orders to draw the instrument to the attention of the Parliament on reporting ground (j), for its failure to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j)?
Members indicated agreement.