The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006

Irregularities

46.—(1) Any irregularity resulting from failure, at any time before the Tribunal has determined the reference, to comply with any provision of, or direction made under, these Rules shall not by itself render the proceedings void.

(2) Where any such irregularity comes to the attention of a Tribunal, the Tribunal may, and shall, if it considers that any person has been prejudiced by the irregularity, give such directions as it thinks just before reaching its decision to cure or waive the irregularity.

(3) Clerical mistakes in any document recording the decision of a Tribunal or a direction or a decision of a convener or errors arising in such documents from accidental slips or omissions may at any time be corrected by the convener by certificate under his or her hand.

(4) The Secretary shall as soon as may be send a copy of any corrected document containing reasons for a Tribunal’s decision to each party and shall correct any relative entry in the Register as appropriate.

(5) Where an appellant has appointed a representative in accordance with rule 5 or 32 the Secretary shall (notwithstanding rule 32(6)) send a copy of the document referred to in paragraph (4) to the appellant as well as to the representative.

(6) Where these Rules require the convener of a Tribunal to sign a document, and where by reason of death or incapacity the convener is unable to do so, the other members of the Tribunal, whom failing the President, shall sign it and certify that the convener is unable to sign.