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

Conduct of the hearing

29.—(1) At the beginning of the hearing the convener shall explain the procedure which the Tribunal proposes to adopt.

(2) At the hearing of a claim, the parties shall, subject to the provisions of these Rules, be entitled to be present and be heard, to give evidence, to call witnesses, to question witnesses and to address the Tribunal both on the evidence and generally on the subject matter of the claim, provided that neither party shall be entitled to call more than five witnesses to give evidence in person in addition to the claimant, unless, in exceptional circumstances, permitted to do so by a convener, or the Tribunal at a hearing.

(3) A Tribunal may permit a parent of a claimant to address it on the subject matter of the claim.

(4) The Tribunal may, if it is satisfied that it is fair and just to do so, permit—

(a) the claimant to rely on grounds not stated in the claim or in any statement of case; or

(b) the responsible body to rely on grounds not specified in the response.

(5) If, at or after the beginning of a hearing, a member of the Tribunal other than the convener is absent, the hearing may, with the consent of the parties, be conducted by the convener and the remaining member and in that event the Tribunal shall be deemed to be properly constituted, and the decision of the Tribunal shall be taken by the convener and that member.

(6) In the absence of the consent referred to in paragraph (5) the hearing shall be postponed.

(7) Except in so far as expressly permitted by these Rules to give evidence or to address the Tribunal none of the persons mentioned in rule 28(5) or (7) shall, save in the case of persons mentioned in rule 28(7)(k), take any part in the hearing or (where entitled or permitted to remain) in the deliberations of the Tribunal.

(8) For the purposes of arriving at its decision a Tribunal shall, and for the purposes of discussing a question of procedure, may, notwithstanding anything contained in these Rules order all persons to withdraw from the sitting of the Tribunal other than the convener and members of the Tribunal and any of the persons mentioned in rule 28(7)(f) to (j).