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The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006

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Power to decide reference without hearing

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26.—(1) A Tribunal may, in any of the circumstances referred to in paragraph (2), decide the reference without a hearing.

(2) For the purposes of paragraph (1) the circumstances are–

(a)where no response is submitted to the Secretary within the time appointed by rule 10 or any extension of time allowed under rule 19;

(b)where the authority states in writing that they do not resist the reference;

(c)where the authority withdraws their opposition to the reference; or

(d)where both parties agree in writing to dispense with a hearing.

(3) In deciding a reference under paragraph (1) a Tribunal shall do so on the basis of the notice of reference, any response, any statement of case and any written evidence submitted in accordance with the Rules.

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