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

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the practice and procedure to be followed in proceedings before the Additional Support Needs Tribunals for Scotland created under section 17 of, and Schedule 1 to, the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4). These Rules re enact the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2005 (“the previous Rules”) with minor amendments.

Part I of these Rules contains introductory provisions.

Part II contains rules about the start of proceedings before the Tribunals. In this Part changes are made from the previous Rules in rule 5 in which provision has now been made in relation to the deemed refusal of placing requests.

Part III contains rules about the management powers of Tribunals. In this Part rule 14 has been amended to clarify that a convener or Tribunal has discretion as to whether to suspend proceedings even where parties are so agreed.

Part IV contains rules in relation to evidence for references to the Tribunals. In this Part changes are made from the previous Rules in–

(a)rules 21 and 22 to clarify that the persons to whom citations for the recovery of documents and attendance of witnesses may be sent are not restricted to those in Scotland; and

(b)rule 24 to remove the provision for the Secretary to pay fees to experts appointed under that rule.

Part V contains rules about hearings before, and decisions of, the Tribunals. In this Part changes are made from the previous Rules in–

(a)rules 27 and 28 to provide separately for the respective entitlement to be in attendance at hearings held in private of interpreters and those giving necessary assistance to persons entitled to be to be in attendance;

(b)rule 37 to remove the provision in terms of which a statement of the facts found by the Tribunal and of the reasons for its decision was not required in the case of a decision by consent; and

(c)rule 39 to remove the provision in terms of which an order as to expenses could be made as respects the expenses of an expert appointed to assist the Tribunal or of a person appointed under rule 33(2) to facilitate the giving of evidence by a child.

Part VI contains miscellaneous and general provisions which apply to proceedings before the Tribunals. In this Part a change has been made to rule 46(1) to clarify the circumstances in which it applies.

The Rules come into force on 27th March 2006. Rule 50 of these Rules revokes the previous Rules on that date.