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

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Orders for costs and expenses

50.—(1) The tribunal shall not normally make an order in respect of costs and expenses, but may, subject to paragraph (3), make such an order—

(a)against a party (including a parent who has withdrawn his appeal or claim or a board or responsible body which has withdrawn its opposition to the appeal or claim, as the case may be) if it is of the opinion that that party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal or claim was wholly unreasonable;

(b)against a party who has failed to attend or be represented at a hearing of which he has been duly notified;

(c)against the board where it has not delivered a statement of its case under regulation 13;

(d)against a responsible body where it has not delivered a statement of its case under regulation 23; or

(e)against the board in the case of an appeal where it considers that the disputed decision was wholly unreasonable.

(2) Any order in respect of costs and expenses may be made—

(a)as respects any costs or expenses incurred, or any allowances paid; or

(b)as respects the whole, or any part, of any allowance (other than allowances paid to members of the tribunal) paid by the Department under Article 23(3) of the 1996 Order or Article 23(4) of the 2005 Order to any person for the purpose of , or in connection with, his attendance at the tribunal.

(3) No order shall be made under paragraph (1) against a party without first giving that party an opportunity of making representations against the making of the order.

(4) An order under paragraph (1) may require the party against whom it is made to pay the other party either a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings or the whole or part of such costs as taxed (if not otherwise agreed).

(5) Any costs required by an order under this regulation to be taxed may be taxed in the county court in accordance with the scales prescribed by the county court rules for such proceedings in the county court as shall be directed in the order.

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