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

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006 (“the principal Rules”). The principal Rules prescribe the practice and procedure to be followed in proceedings before the Additional Support Needs Tribunals for Scotland created under section 17 of, and Schedule 1 to, the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4).

Rule 3 amends the definitions of “the authority” and “case statement period”.

Rule 4 provides the Secretary to the Tribunal with a discretion to accept a reference to it sent by electronic means but without the appellant’s signature.

Rule 5 provides for a shortened case statement period in respect of an alleged failure of an education authority to prepare a co-ordinated support plan within the time allowed. It also changes the procedure for amending a reference.

Rule 6 amends the procedure for the treatment of late submissions to the Tribunal.

Rule 7 amends the time within which an education authority may submit a response to a referral to the Secretary to the Tribunal.

Rule 8 provides that the representative of the appellant may withdraw a reference to the Tribunal.

Rule 9 provides that the convener may direct the Secretary to require a person to produce documents to the Tribunal.

Rules 10 and 16 provide that the convener him or herself may direct the Secretary to cite a person on either party’s list of witnesses to attend a hearing and repositions the provisions of the existing rule 28(2) relating to the conduct of hearings.

Rules 11 and 17 repositions the provisions of the existing rule 23 which allows a witness to give evidence by telephone, video link or by any other means.

Rule 12 provides that the convener him or herself may also appoint an expert to enquire, report and give evidence.

Rule 13 empowers the Tribunal or the convener to call any person having sufficient interest to give evidence, as also the appropriate education authority.

Rule 14 enables the convener, as well as the Tribunal, to decide a reference without a hearing, adds an additional matter that may be decided without a hearing and makes consequential provision about what the Secretary is to notify the parties.

Rule 15 substitutes a reference to a member appointed under the Tribunals, Courts and Enforcement Act 2007.

Rule 18 provides for the convener having a discretion as to the period within which the parties may submit a supplementary statement of case and further written evidence.

Rule 19 requires the Secretary to enter in the Register any hearing at which the convener sat alone.

Rule 20 provides for the circumstances and manner in which a Tribunal may review its own proceedings.

Rule 21 makes an amendment to rule 49 in consequence of rule 4.