The Equality Act 2010: Consultation on Secondary Legislation that will enable the Additional Support Needs Tribunals for Scotland (ASNTS) to hear Disability Claims Cases in School Education

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Annex A Respondent Information Form and Consultation Questionnaire

Respondent Information Form

Q1. Do you agree that the secondary legislation, which will enable the ASNTS to hear disability claims cases, should be based on the existing ASL rules as amended?

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Q2. If you disagree with Q1, please state your reasons why.

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Q3. Do you agree that the secondary legislation should be provided in a separate set of rules to the ASL rules as amended?

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Q4. If you disagree with Q3, please state your reasons why.

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Q5. Do you agree that the term 'responsible body' should be used to replace 'the authority'?

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Q6. If you disagree that the term 'responsible body' should replace 'the authority', please state your reasons why and suggest a suitable alternative.

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Q7. Do you agree that the term 'claimant' should be used to replace 'appellant'?

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Q8. If you disagree that the term 'claimant' should replace 'appellant', please state your reasons why and suggest a suitable alternative.

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Q9. Do you agree that the term 'claim' should be used to replace 'reference'?

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Q10. If you disagree that the term 'claim' should replace 'reference', please state your reasons why and suggest a suitable alternative.

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Q11. Do you agree that the term 'person' should be used to replace 'child or young person'?

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Q12. If you disagree that the term 'person' should replace 'child or young person', please state your reasons why and suggest a suitable alternative.

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Q13. Do you agree that the information set out above is sufficient to enable the claim to be registered with the ASNTS?

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Q14. If you disagree with Q13, please state your reasons why and provide details of any further information that you think should be included.

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Q15. Do you agree that the timescales within which a disability claim must be received by the ASNTS should be consistent with those detailed in the Disability Discrimination Act 1995 i.e. before the end of the period of six months beginning when the act complained of was committed?

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Q16. If you disagree with Q15, please state your reasons why and suggest alternative timescales.

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Q17. Do you agree that if more than one claim relates to the same person or is essentially about the same issue, the ASNTS should have the power to consolidate the hearings of these claims?

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Q18. If you disagree with Q17, please state your reasons why.

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Q19. Do you agree that if references and claims relate to the same person or are essentially about the same issue, the ASNTS should have the power to consolidate the hearings of these references and claims?

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Q20. If you disagree with Q19, please state your reasons why.

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Q21. Do you agree that there should be no limit on the number of witnesses for disability claims cases heard by the ASNTS?

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Q22. If you disagree with Q21, please state your reasons why and suggest a limit.

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Q 23. Do you agree that where a claimant is a person (and not the person's parent), there should be no occasion where they have to pay any expenses?

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Q24. If you disagree with Q23, please state your reasons why.

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Q25. Do you agree that the Equality and Human Rights Commission ( EHRC) should be notified when a disability claims case is brought to the ASNTS?

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Q26. If you disagree with Q25, please state your reasons why.

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Q27. Do you agree that on the request of a party who is already involved in the disability claims case, the ASNTS will have the discretion to substitute or add a party to the action and regulate further procedure as it thinks fit?

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Q28. If you disagree with Q27, please state your reasons why.

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Q29. Do you have any other comments?

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Page updated: Friday, July 02, 2010