The First-tier Tribunal for Scotland Health and Education Chamber (Procedure) Regulations 2017

Publication Date:January 01, 2017
 
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2017No. 366

TRIBUNALS AND INQUIRIES

The First-tier Tribunal for Scotland Health and Education Chamber (Procedure) Regulations 2017

Made26thOctober2017

Laid before the Scottish Parliament30thOctober2017

Coming into force12thJanuary2018

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( 1) 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 Tribunal 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( 2).

St Andrew's House,

Edinburgh

26th October 2017

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

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

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

81. Specified individual

82. Notice of hearing

83. Power to decide claim without hearing

84. Attendance at hearings

85. Conduct of the hearing

86. Evidence at hearing

87. Postponement of hearing

88. Adjournment of hearing

89. Children

90. Views of the Child

91. Late evidence

92. Restricted reporting orders

93. Failure of parties to attend

94. Decisions on claims

95. Further procedure on appeal

96. Miscellaneous

97. Change of responsible body

98. Power to exercise functions of a legal member

99. Power to exercise functions of an ordinary member

100. Register

101. Publication

102. Irregularities

103. Proof of documents and certification of decisions

104. Manner and time of service of notices etc.

105. Signature of documents

PART 1

General provisions

Interpretation

1.—(1) In these Rules:

“the 2004 Act” means the Education (Additional Support for Learning) (Scotland) Act 2004( 3);

“the 2010 Act” means the Equality Act 2010( 4);

“the 2014 Act” means the Tribunals (Scotland) Act 2014;

“authority” means the education authority responsible for the school education of the child or young person and in the case of the decision of an education authority refusing a placing request includes an education authority which refused the request;

“Chamber President” means the President of the First-tier Tribunal;

“electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000( 5) and “electronic signature” has the same meaning as in section 7 of that Act( 6);

“First-tier Tribunal” means the First-tier Tribunal for Scotland Health and Education Chamber;

“hearing” means a sitting of the First-tier Tribunal for the purpose of enabling the First-tier tribunal to take a decision on a reference or a claim or on any question or matter at which the parties are entitled to attend and be heard;

“legal member” means an individual holding membership of the First-tier Tribunal in accordance with section 15(2) of the 2014 Act;

“ordinary member” means an individual holding membership of the First-tier Tribunal in accordance with section 15(1) of the 2014 Act;

“overriding objective” means the objective referred to in rule 2;

“wellbeing” has the definition in section 3B of the 2004 Act( 7);

“working day” means any day which is not—

(a) a Saturday;

(b) a Sunday;

(c) a day from 27th December to 31st December inclusive;

(d) a day in July; or

(e) a day specified as a bank holiday in Scotland in or by virtue of the Banking and Financial Dealings Act 1971( 8);

“written evidence” includes evidence recorded in any way.

(2) In these Rules—

(a) a reference to a rule is a reference to a rule in these Rules, and in any rule a reference to a paragraph or sub paragraph is, unless the context requires otherwise, a reference to a paragraph or sub paragraph in the rule; and

(b) where the time prescribed by these Rules for doing any act expires on a day which is not a working day, that act is done in time if it is done on the next working day.

The overriding objective

2.—(1) These Rules are a procedural code with the overriding objective of enabling the First-tier Tribunal with the assistance of the parties to deal with references or claims fairly and justly.

(2) Dealing with references or claims fairly and justly includes—

(a) dealing with the reference or claim in ways which are proportionate to the complexity of the issues and to the resources of the parties;

(b) seeking informality and flexibility in the proceedings under these Rules;

(c) ensuring, so far as practicable, that the parties are on an equal footing procedurally and are able to participate fully in the proceedings, including assisting any party in the presentation of his or her case without advocating the course he or she should take;

(d) using the First-tier Tribunal's special expertise effectively; and

(e) avoiding delay, so far as compatible with the proper consideration of the issues.

Application by First-tier Tribunal of the overriding objective

3.—(1) The First-tier Tribunal must seek to give effect to the overriding objective when it—

(a) exercises any power under these Rules; or

(b) interprets any rule.

(2) In particular the First-tier Tribunal must manage references or claims actively in accordance with the overriding objective.

Representatives

4.—(1) A party may be represented in any proceedings by a representative whose details must be communicated to the First-tier Tribunal prior to any hearing.

(2) A party may disclose any document or communicate any information about the proceedings to that party's representative without contravening any prohibition or restriction on disclosure of the document or information.

(3) Where a document or information is disclosed under paragraph (2), the representative is subject to any prohibition or restriction on disclosure in the same way that the party is.

(4) Anything permitted or required to be done by a party under these Rules, a practice direction or an order may be done by a lay representative, except signing of an affidavit or precognition.

(5) The First-tier Tribunal may order that a lay representative is not to represent a party if—

(a) it is of the opinion that the lay representative is an unsuitable person to act as a lay representative (whether generally or in the proceedings concerned); or

(b) it is satisfied that to do so would be in the interests of the efficient administration of justice.

(6) Where a party is represented, the First-tier Tribunal must send all documents and notices concerning references or claims to the...

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