The Special Educational Needs Tribunal Regulations 2001

Directions in preparation for a hearing

21.—(1) The President may, on the application of a party or on his own initiative, at any time before the hearing give such directions as are provided in regulations 23 and 24 to enable the parties to prepare for the hearing or to assist the tribunal to determine the issues.

(2) An application by a party for directions shall be made in writing to the Secretary of the Tribunal and, unless it is accompanied by the written consent of the other party, shall be served by the Secretary of the Tribunal on that other party. If the other party objects to the directions sought, the President shall consider the objection and, if he considers it necessary for the determination of the application, shall give the parties an opportunity of appearing before him.

(3) If in the opinion of the President there would not be a reasonable time before a hearing of which notice has been given under regulation 28(1) to comply with a direction for which a party applies, he shall refuse the application.

(4) A direction shall—

(a) include a statement of the possible consequences for the appeal, as provided by regulation 25, of a party’s failure to comply with the requirement within the time allowed by the President;

(b) if made under regulation 24(2), contain a reference to the fact that, under section 336 of the 1996 Act, any person who without reasonable cause fails to comply with requirements regarding disclosure or inspection of documents shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale; and

(c) unless the person to whom the direction is addressed had an opportunity to object to the direction, or he gave his written consent to the application for it, contain a statement to the effect that that person may apply to the President under regulation 22 to vary or set aside the direction.