C2Part IV Special educational needs

Annotations:
Modifications etc. (not altering text)
C2

Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)

C3F14Chapter I Children F24in wales with special educational needs

Annotations:
Amendments (Textual)
F14

Pt. 4 Ch. 1 repealed (1.9.2021 for the repeal of ss. 333(1ZA)(2)-(6), 334-335 and otherwise in force for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(9); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

F24

Words in Pt. 4 Ch. 1 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 9; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))

Modifications etc. (not altering text)
C3

Pt. 4 Ch. 1 excluded (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 81, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Special Educational Needs Tribunal F7for Wales

Annotations:
Amendments (Textual)
F7

Words in s. 333 cross-heading inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 30; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

C1336 Tribunal procedure.

1

Regulations F16made by the Welsh Ministers may make provision about the proceedings of the F10... Tribunal on an appeal under this Part and the initiation of such an appeal.

2

The regulations may, in particular, include provision—

a

as to the period within which, and the manner in which, appeals are to be instituted,

b

where the jurisdiction of the F22... Tribunal is being exercised by more than one tribunal—

i

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

ii

for the transfer of proceedings from one tribunal to another,

c

for enabling any functions which relate to matters preliminary or incidental to an appeal to be performed by the President, or by the chairman,

F1d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

for hearings to be conducted in the absence of any member other than the chairman,

f

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

g

for granting any person such F2disclosure or inspection of documents or right to further particulars as might be granted by F9the county court,

h

requiring persons to attend to give evidence and produce documents,

i

for authorising the administration of oaths to witnesses,

j

for the determination of appeals without a hearing in F21circumstances prescribed in the regulations,

k

as to the withdrawal of appeals,

l

for the award of costs or expenses,

m

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

n

for the registration and proof of decisions and orders, F11and

o

for enabling the F8... Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.

F13p

enabling the F20... Tribunal to stay proceedings on an appeal, and

q

for adding and substituting parties.

F32A

Proceeding before the F15... Tribunal shall be held in private, except in F19circumstances prescribed in the regulations.

F183

The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the F27... Tribunal as the Welsh Ministers may determine.

4

Part I of the M1Arbitration Act 1996 shall not apply to any proceedings before the F6... Tribunal but regulations F12made by the Welsh Ministers may make provision corresponding to any provision of F4that Part.

F54A

F28Regulations made under subsection (1) may make provision for an appeal under this Part to be heard, in F25circumstances prescribed in the regulations, with a F23claim in relation to a contravention of Chapter 1 of Part 6 of the Equality Act 2010 so far as relating to disability..

5

Any person who without reasonable excuse fails to comply with—

a

any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (2)(g), or

b

any requirement imposed by the regulations by virtue of subsection (2)(h),

is guilty of an offence.

F175A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

A person guilty of an offence under subsection (5) F26... is liable on summary conviction to a fine not exceeding level 3 on the standard scale.