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The First-tier Tribunal for Scotland Health and Education Chamber (Procedure) Regulations 2017

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1.—(1) In these Rules:

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

“the 2010 Act” means the Equality Act 2010(2);

“the 2014 Act” means the Tribunals (Scotland) Act 2014;

“authority” means the education authority responsible for the school education of the child or young person and in the case of the decision of an education authority refusing a placing request includes an education authority which refused the request;

Chamber President” means the President of the First-tier Tribunal;

“electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000(3) and “electronic signature” has the same meaning as in section 7 of that Act(4);

“First-tier Tribunal” means the First-tier Tribunal for Scotland Health and Education Chamber;

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

“legal member” means an individual holding membership of the First-tier Tribunal in accordance with section 15(2) of the 2014 Act;

“ordinary member” means an individual holding membership of the First-tier Tribunal in accordance with section 15(1) of the 2014 Act;

“overriding objective” means the objective referred to in rule 2;

“wellbeing” has the definition in section 3B of the 2004 Act(5);

“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(6);

“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; and

(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.

(3)

2000 c.7. Section 15(1) was amended by paragraph 158 of schedule 17 of the Communications Act 2003 (c.21).

(4)

Section 7 was amended by paragraph 1 of schedule 3 of the Electronic Identification and Trust Services for Electronic Transaction Regulations 2016/696.

(5)

Section 3B was inserted by paragraph 3 of schedule 1 of the Education (Scotland) Act 2016.

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