The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002

Directions and determination of preliminary issues

21.—(1) The President may, on the application of a party or on his own initiative, at any time before the hearing give such directions on any matter arising in connection with the proceedings as appear to him to be appropriate, including such directions as are provided in regulations 23 and 24, to enable the parties to prepare for the hearing or to assist the tribunal to determine the issues.

(2) An application by a party for directions shall be made in writing to the Secretary of the Tribunal and, unless it is accompanied by the written consent of the other party, shall be served by the Secretary of the Tribunal on that other party. If the other party objects to the directions sought, the President shall consider the objection and, if he considers it necessary for the determination of the application, shall give the parties an opportunity of appearing before him.

(3) If in the opinion of the President there would not be a reasonable time before a hearing of which notice has been given under regulation 28(1) to comply with a direction for which a party applies, he shall refuse the application.

(4) A direction shall—

(a) include a statement of the possible consequences for the claim, as provided by regulation 25, of a party’s failure to comply with the requirement within the time allowed by the President;

(b) if made under regulation 24(2), contain a reference to the fact that, under section 28J(9)(a) of the 1995 Act, any person who without reasonable excuse fails to comply with requirements regarding disclosure or inspection of documents shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale; and

(c) unless the person to whom the direction is addressed had an opportunity to object to the direction, or he gave his written consent to the application for it, contain a statement to the effect that that person may apply to the President under regulation 22 to vary or set aside the direction.

(5) Where, in accordance with regulation 27(2), the President orders that a claim be heard together with an appeal under Part IV of the 1996 Act, the directions given under paragraph (1) shall relate to the claim only; but in giving such directions the President may consider whether it is in the interests of the efficient disposal of the claim and the appeal, and in the interests of the parties, that the directions given with respect to the claim are the same as, or similar to, those given in the appeal.

(6) Where it appears to the President that there is an issue in any claim which must be determined prior to the substantive hearing of the claim and which cannot properly be determined by the giving of directions, he may summon the parties to appear before him for this purpose and may give any necessary directions relating to their appearance.