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Special Educational Needs and Disability Tribunal Regulations (Northern Ireland) 2005

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Notice of place and time of hearings and adjournments

38.—(1) Subject to regulation 39, the Secretary of the Tribunal shall, after consultation with the parties, fix the time and place of the hearing and send to each party a notice that the hearing is to be at such time and place.

(2) The notice of hearing referred to in paragraph (1) shall be sent—

(a)not less than 5 working days before the date fixed for a hearing under regulation 15, 25, 35, 47, 48 or 53;

(b)not less than 10 working days before the date fixed for the hearing in any other case; or

(c)in any case, within such shorter period before the date fixed for the hearing as the parties may agree.

(3) The Secretary of the Tribunal shall include in or with the notice of hearing—

(a)information and guidance, in a form approved by the President, as to attendance at the hearing of the parties and witnesses, the bringing of documents, and the right of representation or assistance as provided by regulation 12(6) or 16(1); and

(b)a statement explaining the possible consequences of non-attendance and the right to make representations in writing enjoyed by—

(i)the parent if he does not attend and is not represented; and

(ii)the board or responsible body if, being an individual, he does not attend, or otherwise if it is not represented and if it has submitted a statement of its case, unless it stated in writing that it did not resist the appeal or claim or withdrew its opposition to the appeal or claim.

(4) The tribunal may alter the time and place of any hearing and the Secretary of the Tribunal shall give the parties not less than 5 working days (or such shorter time as the parties agree) notice of the altered hearing date:

Provided that any altered hearing date shall not (unless the parties agree) be before the date notified under paragraph (1).

(5) If the time and place of an adjourned hearing are announced at the hearing before the adjournment, no further notice shall be required.

(6) Nothing in paragraphs (1) to (4) shall oblige the Secretary of the Tribunal to consult, or send a notice to any party who is not entitled to be represented at a hearing.

(7) In this regulation “working day” means any day other than a Saturday, a Sunday, or a public holiday.

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