The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules2010

JurisdictionScotland
CitationSSI 2010/152

2010 No. 152

Education

The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2010

Made 13th April 2010

Laid before the Scottish Parliament 16th April 2010

Coming into force 16th August 2010

The Scottish Ministers make the following Rules in exercise of the powers conferred by sections 17(4) and 34(2)(b) of, and paragraph 11 of schedule 1 to, the Education (Additional Support for Learning) (Scotland) Act 20041and all other powers enabling them to do so.

In accordance with section 44(2) of, and paragraph 24(1) of Schedule 7 to, the Tribunals, Courts and Enforcement Act 20072they have consulted with the Administrative Justice and Tribunals Council and its Scottish Committee.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2010 and come into force on 16th August 2010.

(2) In these Rules, “the principal Rules” means the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 20063.

S-2 Amendment of the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006

Amendment of the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006

2. The principal Rules are amended in accordance with rules 3 to 21.

S-3 Amendment of rule 2

Amendment of rule 2

3. In rule 2 (interpretation)—

(a) in the definition of “the authority” after “person” insert “and in the case of the decision of an education authority refusing a placing request includes an education authority which refused the request”; and

(b) for the definition of “case statement period” substitute—

““case statement period” means the period referred to in either rule 8(2)(a) or (b) as appropriate”.

S-4 Amendment of rule 5

Amendment of rule 5

4. In rule 5(1) (reference) insert at the end—

“or, at the discretion of the Secretary, a reference transmitted by electronic means may be accepted without the appellant’s signature”.

S-5 Amendment of rule 8

Amendment of rule 8

5. In rule 8 (case statement period and statement of appellant’s case)—

(a) for paragraph (2) substitute—

S-2

“2 The case statement period shall be—

(a) in the case of an alleged failure of the type referred to in section 18(3)(c) of the Act, the period of 15 working days; or

(b) in any other case, the period of 30 working days,

beginning on the date on which notice under paragraph (1) is taken to have been received in accordance with rule 48.”;

(b) in paragraph (3)—

(i) delete the words from “Before” to “period”; and

(ii) after “person” insert—

“—

(a)

(a) where rule 8(2)(a) applies, before the end of the case statement period;

(b)

(b) where rule 8(2)(b) applies, before the end of the first 20 working days of the case statement period”;

(c) in paragraph (4)—

(i) delete “In exceptional circumstances”; and

(ii) after “hearing” insert “after having first sought and taken account of the views of the respondent”; and

(d) for paragraph (6) substitute—

S-6

“6 Subject to paragraphs (6A) and (7), on the application of either party or on the convener’s own initiative, a convener may make an order shortening or extending the case statement period in any reference.

S-6A

6A Before making an order under paragraph (6), the convener shall seek oral or written representations from the parties on the issue of shortening or extending the case statement period.”.

S-6 Amendment of rule 9

Amendment of rule 9

6. In rule 9 (distribution of documents by Secretary)—

(a) for paragraph (2) substitute—

S-2

“2 If, after the closure of the case statement period, any amendment, supplementary statement, written representation, written evidence or other document or application is delivered to the Secretary, the Secretary shall—

(a) where the parties agree to the late submission, send a copy of it to the other party; or

(b) where the parties do not agree to the late submission, send a copy of it to the other party to enable the parties to make representations on its admission within such time limits as may be determined by a convener or by a Tribunal at a hearing.”;

(b) after paragraph (2) insert—

S-3

“3 Where an education authority has been called under rule 24A(2), the Secretary shall send to that authority a copy of all of the documentation submitted by the appellant under rule 8(3) and (5).”.

S-7 Amendment of rule 10

Amendment of rule 10

7. In rule 10(1) (response) delete “No later than the end of the case statement period” and insert after “Secretary”—

“within the last ten working days of the case statement period”.

S-8 Amendment of rule 11

Amendment of rule 11

8. In rule 11(1)(a) (withdrawal of reference) after “appellant” insert—

“or by the representative of the appellant”.

S-9 Amendment of rule 21

Amendment of rule 21

9. In rule 21(1) (recovery of documents)—

(a) after “Tribunal” insert “or a convener”;

(b) after “its” insert “or his or her”.

S-10 Amendment of rule 22

Amendment of rule 22

10. In rule 22 (witnesses and citation of witnesses)—

(a) in paragraph (3)—

(i) after “Tribunal” where it first occurs insert “or a convener”, and

(ii) after “its” insert “or his or her”; and

(b) after paragraph (6) insert—

S-7

“7 At the hearing of a reference, the parties shall, subject to the provisions of these Rules, be entitled to be present and be heard, to give evidence, to call witnesses, to question witnesses and to address the Tribunal both on the evidence and generally on the subject matter of the reference, provided that neither party shall be entitled unless permitted to do so by a convener, or the Tribunal at a hearing, to call more than two witnesses in addition to the child or young person to give evidence in person.”.

S-11 Revocation of rule 23

Revocation of rule 23

11. Delete rule 23 (evidence by telephone, video link or other means).

S-12 Amendment of rule 24

Amendment of rule 24

12. In rule 24 (expert evidence)—

(a) in paragraph (1) after “Tribunal” where it first and second occurs, insert “or a convener”; and

(b) in paragraph (3)—

(i) after “Tribunal” insert “or a convener”; and

(ii) after “it” insert “, he or she”.

S-13 Insertion of rule 24A

Insertion of rule 24A

13. After rule 24 insert—

S-24A

Specified persons

24A.—(1) On the application of either party or on its own initiative the Tribunal or a convener may call any person having a sufficient interest in the matter before the Tribunal to attend a...

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