Official Report 119KB pdf
Additional Support Needs Tribunals for Scotland (Appointment of President, Conveners and Members and Disqualification) Regulations 2005 <br />(SSI 2005/155)
We raised two points on the regulations. I could read out all the information—
Read the conclusion.
I will try to summarise. On regulation 5, the nub of the issue seems to be that, although the parent act—the Education (Additional Support for Learning) (Scotland) Act 2004—makes the convener of a tribunal a member of it, that is certainly not clear in the regulations. Margaret Macdonald pointed out that the regulation is ultra vires. I gather from the legal advice that we have not really moved any further forward on the point.
I know that you have clarified that point, but I seek further clarification.
About the legal side? Sorry, I should have mentioned that.
There is a contradiction in that members of the tribunals are not allowed to be legally qualified, but conveners should be legally qualified. However, conveners are also members, so effectively it goes round in a circle. There is a basic contradiction and I agree with the original advice. I think that the Executive is incorrect and that the regulation is ultra vires or, at the very least, defectively drafted.
We report to the lead committee and to Parliament at this stage. Clearly, that is our big concern.