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

Change of responsible body

This section has no associated Executive Note

42.—(1) A convener or a Tribunal at a hearing may order that, for all the purposes of the claim, a new responsible body be substituted for, or be added to the claim with, the original responsible body.

(2) The claimant, the original responsible body and the new responsible body shall have an opportunity to be heard before an order is made under paragraph (1).

(3) When an order is made under paragraph (1)—

(a)the Secretary shall notify the claimant, the original responsible body and the new responsible body;

(b)where a new responsible body is substituted for the original responsible body, the original responsible body shall no longer be a party;

(c)the new responsible body shall become a party;

(d)the Secretary shall send to a new responsible body copies of all the documents and written evidence relating to the claim duly received by the Tribunal from the claimant or from the original responsible body; and

(e)the convener or the Tribunal shall give directions as to further procedure and in particular may set new dates for the new case statement period or for any hearing.