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

http://www.legislation.gov.uk/ssi/2017/366/schedule/paragraph/84/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 3Procedure in respect of disability claims under paragraph 8 of schedule 17 of the 2010 Act.

Attendance at hearings84

1

Subject to the provisions of this rule, any hearing before the First-tier Tribunal shall be in private.

2

A legal member or the First-tier 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, wellbeing 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 First-tier 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 89(4);

e

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

f

the Chamber President and a member of the First-tier Tribunal (when not sitting as a member of the First-tier Tribunal);

g

a member of staff of the Scottish Courts and Tribunals Service;

h

an interpreter;

i

a person giving necessary assistance to a person entitled to attend the hearing.

8

Without prejudice to any other powers it may have, the First-tier 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 First-tier Tribunal, to disrupt the hearing;

b

a person whose presence is likely, in the opinion of the First-tier 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 First-tier Tribunal in the claim, response or in accordance with rule 4;

d

a witness not included in the list of witnesses submitted by either party in accordance with rule 79(1).