The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2011

Amendment of the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006

2.—(1) The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006(1) are amended as follows.

(2) In rule 20(3) (consolidation of references)—

(a) after “convener” where it first appears insert “to”; and

(b) after “heard” insert “, and to have their views taken into account,”.

(3) After rule 20 insert—

“20A.    Consolidation of hearings of claims and references

(1) Where a claim under paragraph 8 of Schedule 17 to the Equality Act 2010 and a reference relate to the same person, and the other party to the claim and the reference is also the same, the person or, where the claim was made by the person’s parent, the parent or the other party may apply to the Tribunal for an order that such a claim and reference be heard at the same hearing.

(2) A convener may—

(a) make an order under paragraph (1);

(b) make an order varying or revoking an earlier order made under paragraph (1).

(3) An order under this rule shall only be made if it appears to the convener to be fair and just to do so and, before an order is made, the parties have had the opportunity to be heard, and their views taken into account, either by a convener alone or with such other members of a Tribunal as the convener may consider appropriate.

(4) A convener must not make an order under this rule if it would cause a breach of any of these rules or the Additional Support Needs Tribunals for Scotland (Disability Claims Procedure) Rules 2011.”.

(4) In rule 45A(7)(2) (review) for “Registrar” substitute “Secretary”.

(1)

S.S.I. 2006/88, amended by S.S.I. 2010/152 and 274.

(2)

Rule 45A was inserted by rule 20 of the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2010 (S.S.I. 2010/152).