The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2011

JurisdictionScotland
CitationSSI 2011/105
Year2011

2011 No. 105

Education

The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2011

Made 10th February 2011

Laid before the Scottish Parliament 15th February 2011

Coming into force 18th March 2011

The Scottish Ministers make the following Rules in exercise of the powers conferred by sections 17(4) and 34(2) of, and paragraph 11 of schedule 1 to, the Education (Additional Support for Learning) (Scotland) Act 20041and paragraph 10 of schedule 17 to the Equality Act 20102and all other powers enabling them to do so.

In accordance with section 44 of, and paragraph 24 of Schedule 7 to, the Tribunals, Courts and Enforcement Act 20073they have consulted with the Administrative Justice and Tribunals Council and its Scottish Committee4.

S-1 Citation and commencement

Citation and commencement

1. These Rules may be cited as the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2011 and come into force on 18th March 2011.

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.—(1) The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 20065are amended as follows.

(2) In rule 20(3) (consolidation of references)—

(a)

(a) after “convener” where it first appears insert “to”; and

(b)

(b) after “heard” insert “, and to have their views taken into account,”.

(3) After rule 20 insert—

S-20A

Consolidation of hearings of claims and references

20A.—(1) Where a claim under paragraph 8 of Schedule 17 to the Equality Act 2010 and a reference relate to the same person, and the other party to the claim and the reference is also the same, the person or, where the claim was made by the person’s parent, the parent or the other party may apply to the Tribunal for an order that such a claim and reference be heard at the same hearing.

(2) A convener may—

(a)

(a) make an order under paragraph (1);

(b)

(b) make an order varying or revoking an earlier order made under paragraph (1).

(3) An order under this rule shall only be made if it appears to the convener to be fair and just to do so and, before an order is made, the parties have had the opportunity to be heard, and their views taken into account, either by a convener alone or with such other members of a Tribunal as the convener may consider...

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