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Special Educational Needs Tribunal Regulations (Northern Ireland) 1997

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Directions and summonses in preparation for a hearing

18.—(1) The President may at any time before the hearing give such directions, and issue such witness summonses, as are provided in this Part to enable the parties to prepare for the hearing or to assist the tribunal to determine the issues.

(2) Directions given pursuant to regulations 20 and 21 may be given on the application of a party or of the President’s own motion.

(3) A witness summons issued pursuant to regulation 22 may only be issued on the application of a party.

(4) 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.

(5) Directions containing a requirement under this Part shall, as appropriate—

(a)include a statement of the possible consequences for the appeal, as provided by regulation 23, of a party’s failure to comply with the requirement within the time allowed by the President; and

(b)contain a reference to the fact that, under Article 23(5) of the 1996 Order, any person who without reasonable excuse fails to comply with any requirement in respect of discovery or inspection of documents, or a requirement imposed upon him to attend to give evidence and produce documents, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale and shall, unless the person to whom the direction is addressed had an opportunity of objecting to the direction, contain a statement to the effect that that person may apply to the President under regulation 19 to vary or set aside the direction.

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