Article 2 Interpretation

In these Rules, unless the context otherwise requires–

• “the Act” means the Education (Additional Support for Learning) (Scotland) Act 2004;

• “the appellant” means the person who makes a reference to a Tribunal under section 18 of the Act;

• “an appeal committee” means a committee set up under section 28D of the Education (Scotland) Act 1980^f1;

• “the authority” means the education authority responsible for the school education of the child or young person;

• “case statement period” means the period referred to in rule 8;

• “the child or young person” means the child or young person to whom a reference relates;

• “convener” means the President or individual selected by the President from the panel (“the panel of conveners”) appointed by the Scottish Ministers under paragraph 3(1)(a) of Schedule 1 to the Act to act as the convener of a Tribunal;

• “decision” in relation to a Tribunal includes–

  1. (a)

     an order, including dismissal of a reference;

  2. (b)

     a requirement under section 19 of the Act; and

  3. (c)

     a reference by a Tribunal to an appeal committee under section 19(5)(c) of the Act;

• “electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000^f2 and “electronic signature” has the same meaning as in section 7 of that Act;

• “grounds of reference” includes the matters specified in rule 5(2)(f) and (g);

• “hearing” means a sitting of a Tribunal for the purpose of enabling the Tribunal to take a decision on a reference or on any question or matter at which the parties are entitled to attend and be heard;

• “members” means the individuals selected by the President from the panel (“the panel of members”) appointed by the Scottish Ministers under paragraph 3(1)(b) of Schedule 1 to the Act to act as a member of a Tribunal;

• “party” means either the appellant or authority in respect of any reference made to a Tribunal;

• “reference” means a reference under section 18(1) of the Act;

• “Register” means the Register of References to the Tribunals kept in pursuance of rule 44;

• “response” means a written response submitted by an authority under rule 10;

• “the Secretary” means the member of the Tribunal staff for the time being appointed to act as secretary to the Tribunals;

• “working day” means any day which is not–

  1. (a)

     a Saturday;

  2. (b)

     a Sunday;

  3. (c)

     a day from 27th December to 31st December inclusive;

  4. (d)

     a day in July; or

  5. (e)

     a day specified as a bank holiday in Scotland in or by virtue of the Banking and Financial Dealings Act 1971^f3;

  6. (f)

     “in writing” has the meaning in section 29(5) of the Act; and

  7. (g)

     “written evidence” includes evidence recorded in any way.

In these Rules–