Special Educational Needs Tribunal Regulations (Northern Ireland) 1997

Power to strike out

36.—(1) The Secretary of the Tribunal shall, at any stage of the proceedings if the board applies or the President so directs serve a notice on the parent stating that it appears that the appeal should be struck out on one or both of the grounds specified in paragraph (2) or for want of prosecution.

(2) The grounds referred to in paragraph (1) are that—

(a) the appeal is not, or is no longer, within the jurisdiction of the Tribunal;

(b) the notice of the appeal is, or the appeal is or has become, scandalous, frivolous or vexatious.

(3) The notice under paragraph (1) shall state that the parent may make representations in accordance with paragraph (8).

(4) The tribunal, after considering any representations duly made, may order that the appeal should be struck out on one or both of the grounds specified in paragraph (2) or for want of prosecution.

(5) The tribunal may make such an order without holding a hearing unless either party requests the opportunity to make oral representations, and if the tribunal holds a hearing it may be held at the beginning of the hearing of the substantive appeal.

(6) The President may, if he thinks fit, at any stage of the proceedings order that a reply, response or statement should be struck out or amended on the grounds that it is scandalous, frivolous or vexatious.

(7) Before making an order under paragraph (6), the President shall give to the party against whom he proposes to make the order a notice inviting representations and shall consider any representations duly made.

(8) For the purposes of this regulation—

(a) a notice inviting representations shall inform the recipient that he may, within a period (not being less than 5 working days) specified in the notice, either make written representations or request an opportunity to make oral representations;

(b) representations are duly made if—

(i) in the case of written representations, they are made within the period so specified; and

(ii) in the case of oral representations, the party proposing to make them has requested an opportunity to do so within the period so specified.