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The Additional Support Needs Tribunals for Scotland (Disability Claims Procedure) Rules 2011

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2.—(1) In these Rules, unless the context otherwise requires—

“the 2004 Act” means the Education (Additional Support for Learning) (Scotland) Act 2004(1);

“the 2010 Act” means the Equality Act 2010;

“case statement period” means the period referred to in rule 8(2);

“claim” means a claim under paragraph 8 of Schedule 17 to the 2010 Act and “claimant” shall be construed accordingly;

“convener” means the President or individual selected by the President from the panel (“the panel of conveners”) appointed by the Scottish Ministers under paragraph 3(1)(a) of schedule 1 to the 2004 Act to act as the convener of a Tribunal;

“electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000(2) and “electronic signature” has the same meaning as in section 7 of that Act;

“hearing” means the proceedings of a Tribunal for the purpose of enabling the Tribunal to take a decision on a claim or on any question or matter at which the parties are entitled to attend and be heard;

“members” means the individuals selected by the President from the panel (“the panel of members”) appointed by the Scottish Ministers under paragraph 3(1)(b) of Schedule 1 to the 2004 Act to act as a member of a Tribunal;

“overriding objective” means the objective referred to in rule 3;

“party” means either the claimant or responsible body in respect of any claim made to a Tribunal;

Register” means the Register of Claims to the Tribunals kept in pursuance of rule 45;

“response” means a written response submitted by a responsible body under rule 10;

“responsible body” has the same meaning as in section 85(9) of the 2010 Act;

“Secretary” means the member of the Tribunal staff for the time being appointed to act as secretary to the Tribunals;

“working day” means any day which is not—

(a)

a Saturday;

(b)

a Sunday;

(c)

a day from 27th December to 31st December inclusive;

(d)

a day in July; or

(e)

a day specified as a bank holiday in Scotland in or by virtue of the Banking and Financial Dealings Act 1971(3); and

“written evidence” includes evidence recorded in any way.

(2) In these Rules—

(a)a reference to a rule is a reference to a rule in these Rules, and in any rule a reference to a paragraph or sub‑paragraph is, unless the context requires otherwise, a reference to a paragraph or sub‑paragraph in the rule;

(b)where the time prescribed by these Rules for doing any act expires on a day which is not a working day, that act is done in time if it is done on the next working day; and

(c)references to the doing of anything in writing include references to the doing of that thing by means of a document—

(i)transmitted by electronic means;

(ii)received in legible form; and

(iii)capable of being used for subsequent reference.

(1)

2004 asp 4 as amended by the Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7) and the Equality Act 2010 c.15, Schedule 17, paragraph 12 and Schedule 27.

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