http://www.legislation.gov.uk/id/ssi/2017/366/schedule

http://www.legislation.gov.uk/ssi/2017/366/schedule/paragraph/51/made

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

King's Printer for Scotland

2017-12-18

TRIBUNALS AND INQUIRIES

The Tribunals (Scotland) 2014 Act created a new structure for tribunals dealing with devolved matters under the judicial leadership of the Lord President of the Court of Session as head of the Scottish Tribunals. It provided for a First-tier Tribunal and an Upper Tribunal and for the First-tier Tribunal to be divided into chambers dependent on the subject-matter of the case before it and similarly for the Upper Tribunal to be divided into divisions. The First-tier Tribunal has been divided into chambers, one of which is the health and education chamber. These Regulations provide for the rules of procedure which are to apply in that chamber, which are set out in the schedule of the regulations. Paragraph 4 of schedule 9 of the Tribunals (Scotland) Act 2014 enables the Scottish Ministers, by regulations, to make Tribunal Rules until such time as the provisions conferring responsibility on the Scottish Civil Justice Council and the Court of Session for the making of Tribunal Rules are commenced.

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

sch.

rule 32(2)(a)

(b)

The First-tier Tribunal for Scotland Health and Education Chamber and General Regulatory Chamber Charity Appeals (Procedure) (Miscellaneous Amendments) Regulations 2017

reg. 2(2)(a)

reg. 1(2)

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

sch.

rule 33(4)(a)

(b)

The First-tier Tribunal for Scotland Health and Education Chamber and General Regulatory Chamber Charity Appeals (Procedure) (Miscellaneous Amendments) Regulations 2017

reg. 2(2)(b)

reg. 1(2)

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

sch.

rule 78(2)(a)

(b)

The First-tier Tribunal for Scotland Health and Education Chamber and General Regulatory Chamber Charity Appeals (Procedure) (Miscellaneous Amendments) Regulations 2017

reg. 2(2)(c)

reg. 1(2)

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

sch.

rule 79(4)(a)

(b)

The First-tier Tribunal for Scotland Health and Education Chamber and General Regulatory Chamber Charity Appeals (Procedure) (Miscellaneous Amendments) Regulations 2017

reg. 2(2)(d)

reg. 1(2)

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

sch.

rule 84(7)

The First-tier Tribunal for Scotland Health and Education Chamber and General Regulatory Chamber Charity Appeals (Procedure) (Miscellaneous Amendments) Regulations 2017

reg. 2(2)(e)

reg. 1(2)

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

sch.

rule 92(2)-(4)

The First-tier Tribunal for Scotland Health and Education Chamber and General Regulatory Chamber Charity Appeals (Procedure) (Miscellaneous Amendments) Regulations 2017

reg. 2(2)(f)

reg. 1(2)

SCHEDULETHE FIRST-TIER TRIBUNAL FOR SCOTLAND HEALTH AND EDUCATION CHAMBER RULES OF PROCEDURE 2018

PART 2Procedure in Respect of references to First-tier Tribunal under section 18(1) of the 2004 Act

Change of authority51

1

This rule applies if, after the date of receipt by the First-tier Tribunal of a reference, an authority (“the new authority”) other than the authority named in the notice of reference (“the original authority”) becomes responsible for the school education of the child or young person.

2

On receiving information that this rule applies a legal member or the First-tier Tribunal at a hearing may order that, for all the purposes of the reference, the new authority be substituted for the original authority.

3

The appellant, the original authority and the new authority shall have an opportunity to be heard before an order is made under paragraph (2).

4

When an order is made under paragraph (2)—

a

the First-tier Tribunal shall notify the appellant, the original authority and the new authority;

b

the original authority shall no longer be a party;

c

the new authority shall become a party;

d

these Rules shall apply as if the new authority had made the decision or was responsible for the failure or information to which the reference relates;

e

the First-tier Tribunal shall send to the new authority copies of all the documents and written evidence relating to the reference duly received by the First-tier Tribunal from the appellant or from the original authority; and

f

the legal member or the First-tier 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.