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

Contents

1Citation, commencement and interpretation#

(1)These Rules may be cited as the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules2010 and come into force on 14th November 2010.

(2)In these Rules, “the principal Rules” means the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules2006.

2Amendment of the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules2006#

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

3Amendment of rule 2#

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”

4Amendment of rule 5#

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”

5Amendment of rule 8#

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

(a)for paragraph (2) substitute—“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; orb 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 where rule 8(2)(a) applies, before the end of the case statement period;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—“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.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.”

6Amendment of rule 9#

In rule 9 (distribution of documents by Secretary)—

(a)for paragraph (2) substitute—“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; orb 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—“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).”

7Amendment of rule 10#

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”

8Amendment of rule 11#

In rule 11(1)(a) (withdrawal of reference) after “appellant” insert—“or by the representative of the appellant”

9Amendment of rule 21#

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

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

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

10Amendment of rule 22#

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—“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.”

11Revocation of rule 23#

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

12Amendment of rule 24#

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”.

13Insertion of rule 24A#

After rule 24 insert—“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 hearing and give evidence.2 In the case of the decision of an education authority refusing a placing request the Tribunal or convener may call the education authority for the area to which the child or young person belongs (where it would be desirable for the Tribunal to have the assistance of the education authority) to attend a hearing and give evidence.”

14Amendment of rule 26#

In rule 26 (power to decide reference without hearing)—

(a)in paragraph (1) delete “Tribunal” and insert “convener”;

(b)in paragraph (2)(c) delete “or”;

(c)after paragraph (2)(d) insert—“ore where it has been established that the child or young person requires a co‑ordinated support plan and the authority fails to prepare such a plan within the time limit provided.”

(d)in paragraph (3) delete “Tribunal” and insert “convener”;

(e)after paragraph (3) insert—“4 The Secretary shall, after receipt of a reference which is to proceed without a hearing in accordance with this rule, send to the parties—a information and guidance; andb an indication of when the Secretary expects to be able to notify the parties of the decision of the convener.”

15Amendment of rule 27#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16Amendment of rule 28#

In rule 28 (conduct of the hearing)—

(a)delete paragraph (2); and

(b)in paragraph (8) for “rule 27(5)” substitute “rule 27(7)”.

17Amendment of rule 29#

In rule 29 (evidence at hearing) after paragraph (2) insert—“3 A convener or the Tribunal may at the start of a hearing, on the application of either party or on his, her or its own initiative, determine that a witness be allowed to give evidence by telephone, video link or any other means of communication, if satisfied that this would not prejudice the achievement of the overriding objective.”

18Amendment of rule 38#

In rule 38 (orders of the Court)—

(a)in paragraph (2) for the words from “a period” to “each may” substitute “such period as a convener may specify each party may”; and

(b)in paragraph (3)(b) for the words from “a period” to “writing)” substitute “such period as the convener may specify”.

19Amendment of rule 44#

In rule 44 (register) at the end of paragraph (2)(c) insert “and any hearing at which the convener sat alone”.

20Insertion of rule 45A#

After rule 45 insert—“45A 1 If, on the application of a party, a Tribunal is satisfied that—a its decision was based on an error of fact or in law;b a party, who was entitled to be heard at a hearing but failed to be present or represented, had a good reason for failing to be present or represented and the interests of justice require; orc otherwise that the interests of justice require,the Tribunal may review and vary or revoke the relevant decision, order or award.2 An application for the purposes of paragraph (1) of this rule must be—a delivered to the Secretary at any time not later than one month after the date on which the decision was issued to the applicant; andb in writing stating the reasons for the making of the application in full.3 The Secretary must send a copy of the application to any other party involved in the reference within 10 working days of receipt.4 The Tribunal may dispense with a hearing where both parties so agree in writing.5 The review must be decided as soon as reasonably practicable by the Tribunal which decided the case or, where it is not practicable for it to be heard by that Tribunal, by a Tribunal appointed by the President.6 If, having reviewed the decision, the decision is to be varied or revoked, the Tribunal must substitute the decision it thinks fit or order a rehearing before either the same or a differently constituted Tribunal.7 On the setting aside or variation of the Tribunal’s decision the Registrar must, as soon as reasonably practicable, make such correction as may be necessary in the register and must send a copy of the entry so corrected to each of the parties.8 Rule 37 shall apply to the Tribunal’s decision on the review.”

21Amendment of Rule 49 (signature of documents)#

In rule 49(b) insert at the beginning “Subject to rule 5(1)”.

Contains public sector information licensed under the Open Government Licence v3.0.