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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

Consolidation of hearings of claims and references

31.—(1) Where a claim under paragraph 8 of schedule 17 of the 2010 Act and a reference relate to the same person, and the other party to the claim and the reference is also the same, the person or, where the claim was made by the person’s parent, the parent or the other party may apply to the First-tier Tribunal for an order that such a claim and reference be heard at the same hearing.

(2) A legal member may—

(a)make an order under paragraph (1);

(b)make an order varying or revoking an earlier order made under paragraph (1).

(3) An order under this rule shall only be made if it appears to the legal member to be fair and just to do so and, before an order is made, the parties have had the opportunity to be heard, and their views taken into account, either by a legal member alone or with such other members of the First-tier Tribunal as the legal member may consider appropriate.

(4) A legal member must not make an order under this rule if it would cause a breach of any of the rules in this Part, or the rules in Part 3.