Education (Additional Support for Learning) (Scotland) Act 2004

Rules of procedure S

11 (1) The Scottish Ministers must make rules as to the practice and procedure of the Tribunals. S

(2) Such rules may, in particular, include provision for or in connection with—

(a) the form and manner in which references to a Tribunal under section 18(1) are to be made,

(b) the time within which such references are to be made,

(c) the withdrawal of references,

(d) the recovery and inspection of documents,

(e) the persons who may appear on behalf of the parties,

(f) the persons who may be present at proceedings alongside any party or witness to support the party or witness,

[F1 (fa) seeking the views of children whose parents have made references to a Tribunal under section 18(1) in relation to the children,]

(g) enabling specified persons other than the parties to appear or be represented in specified circumstances,

(h) requiring specified persons to give notice to other specified persons of specified matters,

(i) the time within which any such notice must be given,

(j) enabling Tribunal proceedings to be conducted in the absence of any member of a Tribunal other than the convener,

(k) enabling any matters that are preliminary or incidental to the determination of proceedings to be determined by the convener of a Tribunal alone or with such other members of the Tribunal as may be specified,

[F2 (ka) enabling specified matters relating to the failure by an education authority to comply with time limits required by virtue of this Act to be determined by the convener of a Tribunal alone,]

[F3 (kb) enabling a convener of a Tribunal and without holding a hearing to determine specified matters relating to the decision of an education authority as respects—

(i) the capacity of a child who has attained the age of 12 years to exercise a right under this Act, or

(iii) whether something would adversely affect the wellbeing of a child who has attained the age of 12 years,

(kc) the practice and procedure relating to matters that may be determined by a convener alone by virtue of paragraph (kb),

(kd) applying (with such modifications as may be specified) section 19(2) to a convener determining a matter by virtue of paragraph (kb) as that section applies to a Tribunal,]

(l) enabling Tribunal proceedings to be held in private,

(m) enabling a Tribunal to exclude any person from attending all or part of Tribunal proceedings,

(n) enabling a Tribunal to impose reporting restrictions in relation to all or part of Tribunal proceedings,

(o) enabling a Tribunal to determine specified matters without holding a hearing,

(p) the recording and publication of decisions and orders of a Tribunal,

(q) enabling a Tribunal to commission medical and other reports in specified circumstances,

(r) requiring a Tribunal to take specified actions, or to determine specified proceedings, within specified periods,

(s) enabling a Tribunal to make an award of expenses,

(t) the taxation or assessment of such expenses.

[F4 (u) enabling a Tribunal, in specified circumstances, to—

(i) review,

(ii) vary or revoke,

any of its decisions, orders or awards,

(v) enabling a Tribunal, in specified circumstances, to review the decisions, orders or awards of another Tribunal [F5 , or a convener alone following a determination mentioned in paragraph (kb)] and take such action (including variation and revocation) in respect of those decisions, orders or awards as it thinks fit.]

(3) In sub-paragraph (2), “specified” means specified in the rules.

Textual Amendments

F1 Sch. 1 para. 11(2)(fa) inserted (10.1.2018) by Education (Scotland) Act 2016 (asp 8), s. 33(2), sch. para. 25(a); S.S.I. 2017/354, reg. 2(a)

F2 Sch. 1 para. 11(2)(ka) inserted (2.4.2010) by Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7), ss. 20(a), 26(3); S.S.I. 2010/129, art. 2(d)

F3 Sch. 1 para. 11(2)(kb)-(kd) inserted (10.1.2018) by Education (Scotland) Act 2016 (asp 8), s. 33(2), sch. para. 25(b); S.S.I. 2017/354, reg. 2(a)

F4 Sch. 1 para. 11(2)(u)(v) added (2.4.2010) by Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7), ss. 20(b), 26(3); S.S.I. 2010/129, art. 2(d)

F5 Words in sch. 1 para. 11(2)(v) inserted (10.1.2018) by Education (Scotland) Act 2016 (asp 8), s. 33(2), sch. para. 25(c); S.S.I. 2017/354, reg. 2(a)

Commencement Information

I1 Sch. 1 para. 11 in force at 3.5.2005 by S.S.I. 2005/154, art. 2

Power to monitor implementation of Tribunal decisions S

[F6 11A The President may, in any case where a decision of a Tribunal required an education authority to do anything, keep under review the authority's compliance with the decision and, in particular, may—

(a) require the authority to provide information about the authority's implementation of the Tribunal decision,

(b) where the President is not satisfied that the authority is complying with the decision, refer the matter to the Scottish Ministers.]

Textual Amendments

F6 Sch. 1 para. 11A inserted (14.11.2010) by Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7), ss. 21, 26(3); S.S.I. 2010/277, art. 2