PART 2 E+WADDITIONAL LEARNING NEEDS

CHAPTER 4 E+WAVOIDING AND RESOLVING DISAGREEMENTS

Appeals and applications to the Tribunal E+W

75 Regulations about procedure E+W

(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.

Commencement Information

I1 S. 75 in force at 2.11.2020 for specified purposes by S.I. 2020/1182, reg. 3(1)(i)

I2 S. 75 in force at 1.9.2021 in so far as not already in force by S.I. 2021/373, art. 8(g)