Explanatory note

The Additional Support Needs Tribunals for Scotland (“the ASNTS”) were created under section 17 of, and Schedule 1 to, the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (“the 2004 Act”) to deal with referrals to it under that Act. The Equality Act 2010 (“the 2010 Act”) extended the jurisdiction of the ASNTS to include claims made under Chapter 6 of Part 1 of the 2010 Act.

The Additional Support Needs Tribunals for Scotland (Practice and Procedure) Rules 2006 (S.S.I. 2006/88) (“the principal rules”) make provision for the procedure to be followed for referrals under the 2004 Act. The Additional Support Needs Tribunals for Scotland (Disability Claims Procedure) Rules 2011 (“the 2011 rules”) make provision for the procedure to be followed for claims under the 2010 Act.

Rule 2(2) corrects a minor grammatical error in rule 20(3) of the principal rules and further amends that rule to harmonise its provisions with the new rule 20A (as inserted by rule 2(3)).

Rule 2(3) amends the principal rules to make a corresponding provision to that made by rule 21 of the 2011 rules which provides that a reference under section 18 of the 2004 Act and a claim under Chapter 1 of Part 6 of the 2010 Act may be heard at the same hearing.

Rule 2(4) corrects rule 45A(7) of the principal rules by substituting the word “Secretary” for the word “Registrar”.