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

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Attendance at hearings

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28.—(1) Subject to the provisions of this rule, any hearing before a Tribunal shall be in private.

(2) A convener or the Tribunal at a hearing may, on the application of the claimant or on their own initiative, make an order that a hearing or part of a hearing be held in public.

(3) An order shall not be made under paragraph (2) in any of the circumstances referred to in paragraph (4).

(4) Those circumstances are that a public hearing—

(a)would prejudice the welfare or interests of the person to whom the claim relates;

(b)would not, in all the circumstances, allow the fair hearing of the claim; or

(c)would not be fair or just.

(5) The Tribunal, with the consent of the parties or their representatives actually present, may permit any other person to attend the hearing of a claim which is held in private.

(6) A claimant or responsible body who does not intend to attend or be represented at the hearing may, not less than 5 working days before the hearing, submit additional written representations in support of their case.

(7) The following persons, as well as the parties and their representatives, shall be entitled to attend the hearing of a claim held in private—

(a)the person to whom the claim relates, where the person is the claimant;

(b)a parent of the person to whom the claim relates where the person is not the claimant;

(c)an individual attending to support a party;

(d)an individual appointed under rule 34(4);

(e)a witness, but only for the purpose of giving evidence;

(f)the President and a member of the panels of conveners or members (when not sitting as a convener or member of the Tribunal);

(g)the Secretary or a prospective Secretary undergoing training;

(h)a member of the Tribunal staff;

(i)a member of the Administrative Justice and Tribunals Council or its Scottish Committee appointed under section 44 of and Schedule 7 to the Tribunals, Courts and Enforcement Act 2007(1);

(j)a person acting on behalf of the President in the training or supervision of the Tribunal staff;

(k)an interpreter;

(l)a person giving necessary assistance to a person entitled to attend the hearing.

(8) Without prejudice to any other powers it may have, a Tribunal may exclude from the hearing, or any part of it—

(a)a person whose conduct has disrupted or is likely, in the opinion of the Tribunal, to disrupt the hearing;

(b)a person whose presence is likely, in the opinion of the Tribunal, to make it difficult for anyone to present evidence or make representations necessary for the proper conduct of the hearing;

(c)a representative who was not notified to the Secretary in the claim, response or in accordance with rule 33;

(d)a witness not included in the list of witnesses submitted by either party in accordance with rule 23(1).

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