PART 2ADDITIONAL LEARNING NEEDS

CHAPTER 4AVOIDING AND RESOLVING DISAGREEMENTS

Appeals and applications to the Tribunal

I1I275Regulations about procedure

1

Regulations may make provision about—

a

the initiation of an appeal or application under this Part;

b

the proceedings of the Education Tribunal for Wales on an appeal or application under this Part.

2

Regulations under subsection (1) may include provision—

a

as to the period within which, and the manner in which, appeals or applications are to be commenced;

b

where the jurisdiction of the Tribunal is being exercised by more than one tribunal⁠—

i

for determining by which tribunal any appeal or application is to be heard, and

ii

for the transfer of proceedings from one tribunal to another;

c

for enabling any functions relating to matters preliminary or incidental to an appeal or application to be performed by the President or by the legal chair;

d

for hearings to be conducted in the absence of a member other than the legal chair;

e

as to the persons who may appear on behalf of the parties;

f

for granting such rights to disclosure or inspection of documents or to further particulars as may be granted by the county court;

g

requiring persons to attend to give evidence and produce documents;

h

for authorising the administration of oaths to witnesses;

i

for the determination of appeals or applications without a hearing in prescribed circumstances;

j

as to withdrawal of appeals or applications;

k

as to the award of costs or expenses;

l

for assessing or otherwise settling any costs or expenses (and, in particular, for enabling such costs or expenses to be assessed in the county court);

m

for the registration and proof of decisions and orders;

n

for enabling the Tribunal to review its decisions, or revoke or vary its orders, in prescribed circumstances;

o

for enabling the Tribunal to stay proceedings;

p

for adding and substituting parties;

q

for enabling appeals or applications by different persons to be dealt with together;

r

for an appeal or application under this Part to be heard, in circumstances prescribed in the regulations, with a claim under Chapter 1 of Part 6 of the Equality Act 2010 (c. 15).

3

Proceedings before the Tribunal must be held in private, except in prescribed circumstances.

4

Part 1 of the Arbitration Act 1996 (c. 23) does not apply to any proceedings before the Tribunal but regulations may make provision corresponding to any provision of that Part.