Paragraph 4 Service of hearing statements and documentsI1

Scotland

(1)

Where required to do so by notice given by the review panel, a person entitled to appear at the hearing session must, by such date as is specified in the notice, send to the review panel, the community transfer body, the relevant authority and to such other persons entitled to appear at the hearing session as the review panel may specify in such notice—

(a)

a hearing statement; and

(b)

where that person intends to refer to or rely on any documents when presenting their case a copy of every document (or the relevant part of a document) on the list comprised in that hearing statement.

(2)

Any person who has served a hearing statement in accordance with this rule must—

(a)

when required by notice in writing from the review panel F1... provide such further information about the matters contained in the hearing statement as the review panel may specify; and

(b)

at the same time send a copy of such further information to any other person on whom the hearing statement has been served.

(3)

Different dates and different persons may be specified for the purposes of paragraph (1).

(4)

Paragraph (1)(b) does not require a document (or part of a document) to be sent to another person entitled to appear at the hearing session if the person to whom the hearing statement is sent already holds that document (or that part of the document).

(5)

In this rule, “hearing statement” means, and is comprised of—

(a)

a written statement which fully sets out the case relating to the specified matters which a person proposes to put forward to a hearing session;

(b)

a list of documents (if any) which the person putting forward such case intends to refer to or rely on; and

(c)

a list of any other persons who are to speak at the hearing session in respect of such case, any matters which such persons are particularly to address and any relevant qualifications of such persons to do so.

Annotations

Textual amendments

F1: Word in sch. para. 4(2)(a) omitted (22.1.2017) by virtue of The Community Empowerment (Miscellaneous Amendments) (Scotland) Regulations 2016 (S.S.I. 2016/411), regs. 1, 5(5)

Commencement

I1: Sch. para. 4 in force at 23.1.2017, see reg. 1(1)