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Regulation 2 Amendment of the Education (Appeal Committee Procedures) (Scotland) Regulations 1982

Original text. Later amendments are not shown.

(1)

The Education (Appeal Committee Procedures) (Scotland) Regulations 1982f1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

for the definition of “hearing”f2 substitute—

  • ““hearing” means an oral hearing and includes a form of hearing conducted in whole or in part through the use of remote facilities;”,

(b)

after the definition of “reference” insert—

  • ““remote facilities” means any equipment or facility which—

    1. (a)

      enables persons who are not in the same place to participate in the hearing, and

    2. (b)

      enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other);”.

(3)

After regulation 7 (fixing date of hearing), insert—

“Form of hearing

7A.
(1)

Any hearing may be held—

(a)

in person,

(b)

with the agreement of all parties, wholly through the use of remote facilities,

(c)

partly in person and partly through the use of remote facilities.

(2)

Where a hearing is to be held in accordance with paragraph (1)(c)—

(a)

an appellant who wishes to attend the hearing in person must be allowed to do so,

(b)

the members of the appeal committee must attend the hearing in person.”.

Annotations

Footnotes

f1

S.I. 1982/1736, relevantly amended by S.S.I. 2020/128 and S.S.I. 2021/31.

f2

The definition of “hearing” in regulation 2 was inserted by regulation 3(2)(b) of S.S.I. 2020/128.