Education Citation, commencement and interpretation 1 1 These Rules may be cited as the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Amendment Rules 2010 and come into force on 16th August 2010. 2 In these Rules, “the principal Rules ” means the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006 . Amendment of the Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006 2 The principal Rules are amended in accordance with rules 3 to 21. Amendment of rule 2 3 In rule 2 (interpretation)— a in the definition of “the authority” after “person” insert “and in the case of the decision of an education authority refusing a placing request includes an education authority which refused the request”; and b for the definition of “case statement period” substitute— “case statement period” means the period referred to in either rule 8(2)(a) or (b) as appropriate . Amendment of rule 5 4 In rule 5(1) (reference) insert at the end— or, at the discretion of the Secretary, a reference transmitted by electronic means may be accepted without the appellant’s signature . Amendment of rule 8 5 In rule 8 (case statement period and statement of appellant’s case)— a for paragraph (2) substitute— 2 The case statement period shall be— a in the case of an alleged failure of the type referred to in section 18(3)(c) of the Act, the period of 15 working days; or b in any other case, the period of 30 working days, beginning on the date on which notice under paragraph (1) is taken to have been received in accordance with rule 48. ; b in paragraph (3)— i delete the words from “Before” to “period”; and ii after “person” insert— — a where rule 8(2)(a) applies, before the end of the case statement period; b where rule 8(2)(b) applies, before the end of the first 20 working days of the case statement period ; c in paragraph (4)— i delete “In exceptional circumstances”; and ii after “hearing” insert “after having first sought and taken account of the views of the respondent”; and d for paragraph (6) substitute— 6 Subject to paragraphs (6A) and (7), on the application of either party or on the convener’s own initiative, a convener may make an order shortening or extending the case statement period in any reference. 6A Before making an order under paragraph (6), the convener shall seek oral or written representations from the parties on the issue of shortening or extending the case statement period. . Amendment of rule 9 6 In rule 9 (distribution of documents by Secretary)— a for paragraph (2) substitute— 2 If, after the closure of the case statement period, any amendment, supplementary statement, written representation, written evidence or other document or application is delivered to the Secretary, the Secretary shall— a where the parties agree to the late submission, send a copy of it to the other party; or b where the parties do not agree to the late submission, send a copy of it to the other party to enable the parties to make representations on its admission within such time limits as may be determined by a convener or by a Tribunal at a hearing. ; b after paragraph (2) insert— 3 Where an education authority has been called under rule 24A(2), the Secretary shall send to that authority a copy of all of the documentation submitted by the appellant under rule 8(3) and (5). . Amendment of rule 10 7 In rule 10(1) (response) delete “No later than the end of the case statement period” and insert after “Secretary”— within the last ten working days of the case statement period . Amendment of rule 11 8 In rule 11(1)(a) (withdrawal of reference) after “appellant” insert— or by the representative of the appellant . Amendment of rule 21 9 In rule 21(1) (recovery of documents)— a after “Tribunal” insert “or a convener”; b after “its” insert “or his or her”. Amendment of rule 22 10 In rule 22 (witnesses and citation of witnesses)— a in paragraph (3)— i after “Tribunal” where it first occurs insert “or a convener”, and ii after “its” insert “or his or her”; and b after paragraph (6) insert— 7 At the hearing of a reference, 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 reference, provided that neither party shall be entitled unless permitted to do so by a convener, or the Tribunal at a hearing, to call more than two witnesses in addition to the child or young person to give evidence in person. . Revocation of rule 23 11 Delete rule 23 (evidence by telephone, video link or other means). Amendment of rule 24 12 In rule 24 (expert evidence)— a in paragraph (1) after “Tribunal” where it first and second occurs, insert “or a convener”; and b in paragraph (3)— i after “Tribunal” insert “or a convener”; and ii after “it” insert “, he or she”. Insertion of rule 24A 13 After rule 24 insert— Specified persons 24A 1 On the application of either party or on its own initiative the Tribunal or a convener may call any person having a sufficient interest in the matter before the Tribunal to attend a hearing and give evidence. 2 In the case of the decision of an education authority refusing a placing request the Tribunal or convener may call the education authority for the area to which the child or young person belongs (where it would be desirable for the Tribunal to have the assistance of the education authority) to attend a hearing and give evidence. . Amendment of rule 26 14 In rule 26 (power to decide reference without hearing)— a in paragraph (1) delete “Tribunal” and insert “convener”; b in paragraph (2)(c) delete “or”; c after paragraph (2)(d) insert— or e where it has been established that the child or young person requires a co‑ordinated support plan and the authority fails to prepare such a plan within the time limit provided. ; d in paragraph (3) delete “Tribunal” and insert “convener”; e after paragraph (3) insert— 4 The Secretary shall, after receipt of a reference which is to proceed without a hearing in accordance with this rule, send to the parties— a information and guidance; and b an indication of when the Secretary expects to be able to notify the parties of the decision of the convener. . Amendment of rule 27 15 In rule 27 (attendance at hearings) for paragraph (7)(i) substitute “a member of the Administrative Justice and Tribunals Council or its Scottish Committee appointed under section 44 of and Schedule 7 to the Tribunals, Courts and Enforcement Act 2007;”. Amendment of rule 28 16 In rule 28 (conduct of the hearing)— a delete paragraph (2); and b in paragraph (8) for “rule 27(5)” substitute “rule 27(7)”. Amendment of rule 29 17 In rule 29 (evidence at hearing) after paragraph (2) insert— 3 A convener or the Tribunal may at the start of a hearing, on the application of either party or on his, her or its own initiative, determine that a witness be allowed to give evidence by telephone, video link or any other means of communication, if satisfied that this would not prejudice the achievement of the overriding objective. . Amendment of rule 38 18 In rule 38 (orders of the Court)— a in paragraph (2) for the words from “a period” to “each may” substitute “such period as a convener may specify each party may”; and b in paragraph (3)(b) for the words from “a period” to “writing)” substitute “such period as the convener may specify”. Amendment of rule 44 19 In rule 44 (register) at the end of paragraph (2)(c) insert “and any hearing at which the convener sat alone”. Insertion of rule 45A 20 After rule 45 insert— Review 45A 1 If, on the application of a party, a Tribunal is satisfied that— a its decision was based on an error of fact or in law; b a party, who was entitled to be heard at a hearing but failed to be present or represented, had a good reason for failing to be present or represented and the interests of justice require; or c otherwise that the interests of justice require, the Tribunal may review and vary or revoke the relevant decision, order or award. 2 An application for the purposes of paragraph (1) of this rule must be— a delivered to the Secretary at any time not later than one month after the date on which the decision was issued to the applicant; and b in writing stating the reasons for the making of the application in full. 3 The Secretary must send a copy of the application to any other party involved in the reference within 10 working days of receipt. 4 The Tribunal may dispense with a hearing where both parties so agree in writing. 5 The review must be decided as soon as reasonably practicable by the Tribunal which decided the case or, where it is not practicable for it to be heard by that Tribunal, by a Tribunal appointed by the President. 6 If, having reviewed the decision, the decision is to be varied or revoked, the Tribunal must substitute the decision it thinks fit or order a rehearing before either the same or a differently constituted Tribunal. 7 On the setting aside or variation of the Tribunal’s decision the Registrar must, as soon as reasonably practicable, make such correction as may be necessary in the register and must send a copy of the entry so corrected to each of the parties. 8 Rule 37 shall apply to the Tribunal’s decision on the review. . Amendment of Rule 49 (signature of documents) 21 In rule 49(b) insert at the beginning “Subject to rule 5(1)”. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 13th April 2010