The First-tier Tribunal for Scotland Health and Education Chamber (Procedure) Regulations 2017
| Jurisdiction | Scotland |
| Citation | SSI 2017/366 |
| Year | 2017 |
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S
2017 No. 366
TRIBUNALS AND INQUIRIES
The First-tier Tribunal for Scotland Health and Education
Chamber (Procedure) Regulations 2017
Made - - - - 26th October 2017
Laid before the Scottish Parliament 30th October 2017
Coming into force - - 12th January 2018
The Scottish Ministers make the following Regulations in exercise of the powers conferred by
paragraph 4(2) of schedule 9 of the Tribunals (Scotland) Act 2014(a) and all other powers
enabling them to do so.
In accordance with paragraph 4(3) of schedule 9 of that Act, the Scottish Ministers have consulted
the President of Tribunals and such other persons as they have considered appropriate.
Citation and commencement
1.—(1) These Regulations may be cited as the First-tier Tribunal for Scotland Health and
Education Chamber (Procedure) Regulations 2017, and the Rules set out in the schedule may be
cited as The First-tier Tribunal for Scotland Health and Education Chamber Rules of Procedure
2018.
(2) These Regulations come into force on 12th January 2018.
Application of the Rules set out in the schedule
2. The Rules in the schedule apply to proceedings before the First-tier T ribunal for Scotland
Health and Education Chamber, when exercising the functions allocated to it by regulation 2(1) of
the First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs
Tribunals for Scotland) Regulations 2018(b).
ANNABELLE EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
26th October 2017
(a) 2014 asp 10.
(b) S.S.I. 2018/ .
2
SCHEDULE
Regulation 2
THE FIRST-TIER TRIBUNAL FOR SCOTLAND HEALTH AND
EDUCATION CHAMBER RULES OF PROCEDURE 2018
CONTENTS
PART 1
General provisions
1. Interpretation
2. The overriding objective
3. Application by First-tier Tribunal of the overriding objective
4. Representatives
5. Supporters
6. Expenses
7. Delegation to staff
8. Correction of clerical mistakes or accidental slips or omissions
9. Application for permission to appeal a decision of the First-tier Tribunal
10. First-tier Tribunal’s consideration of application for permission to appeal
11. Review of a decision
12. Power to monitor implementation of First-tier Tribunal decisions
PART 2
Procedure in Respect of references to First-tier Tribunal under section 18(1) of the 2004 Act
13. Interpretation
14. Reference
15. Action upon receiving a reference
16. Sufficiency of reasons for reference
17. Case statement period and statement of appellant’s case
18. Distribution of documents by the First-tier Tribunal
19. Response
20. Withdrawal of reference
21. Withdrawal of opposition
22. Preliminary matters
23. Power for legal member to decide references
24. Suspension of proceedings
25. Directions
26. Varying or setting aside of directions
27. Failure to comply with a direction
28. Power to dismiss
29. Extension of time
30. Consolidation of references
31. Consolidation of hearings of claims and references
32. Recovery of documents
33. Witnesses and citation of witnesses
34. Expert evidence
35. Specified persons
3
36. Notice of hearing
37. Power to decide reference without hearing
38. Attendance at hearings
39. Conduct of the hearing
40. Evidence at hearing
41. Postponement of hearing
42. Adjournment of hearing
43. Children
44. Views of the Child
45. Late evidence
46. Restricted reporting orders
47. Failure of parties to attend
48. Decisions on references
49. Further procedure on appeal
50. Miscellaneous
51. Change of authority
52. Power to exercise functions of a legal member
53. Power to exercise functions of an ordinary member
54. Register
55. Publication
56. Irregularities
57. Proof of documents and certification of decisions
58. Manner and time of service of notices etc.
59. Signature of documents
PART 3
Procedure in respect of disability claims under paragraph 8 of schedule 17 of the 2010 Act.
60. Interpretation
61. Claim
62. Action upon receiving a claim
63. Sufficiency of reasons for claim
64. Case statement period and statement of claimant’s case
65. Distribution of documents by the First-tier Tribunal
66. Response
67. Withdrawal of claim
68. Withdrawal of opposition
69. Preliminary matters
70. Suspension of proceedings
71. Directions
72. Varying or setting aside of directions
73. Failure to comply with a direction
74. Power to dismiss
75. Extension of time
76. Consolidation of claims
77. Consolidation of hearings of claims and references
78. Recovery of documents
79. Witnesses and citation of witnesses
80. Expert evidence
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