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40. (1) Any person upon whom a notice of complaint or a copy of such a notice is served under Article 39 may, within the time limited by the notice,[F1 appeal therefrom to the Independent Schools Tribunal constituted in accordance with regulations under paragraph (8)].
(2) [F1On any appeal under this Article, the independent schools tribunal] shall have power—
(a)to order that the complaint be annulled;
(b)to order that the school in respect of which the notice of complaint was served be struck off the register;
(c)to order that the school be so struck off unless the requirements of the notice, subject to such modifications, if any, as may be specified in the order, are complied with to the satisfaction of the Department before the expiration of such time as may be specified in the order;
(d)if satisfied that the premises alleged by the notice of complaint to be unsuitable for use as a school or any part of such premises are in fact unsuitable for such use, by order to disqualify the premises or part from being so used, or, if satisfied that the accommodation provided at the school premises is inadequate having regard to the number, ages and sex of the pupils attending the school, by order to disqualify the premises from being used as a school for pupils exceeding such number or of such age or sex as may be specified in the order;
(e)if satisfied that any person alleged by the notice of complaint to be a person who is not proper to be the proprietor of an independent school or to be a teacher in any school is in fact such a person, by order to disqualify that person from being the proprietor of any independent school or from being a teacher in any school, as the case may be.
(3) Where a notice of complaint has been served under this Order on the proprietor of any school and no appeal is made by him against the notice within the time limited in that behalf by the notice, the Department shall, subject to paragraph (4), have power to make any order which the[F1 independent schools tribunal] would have had power to make if an appeal had been made against the notice.
(4) Where it was alleged by a notice of complaint that any person employed as a teacher at a school is not a proper person to be a teacher in any school and that person has, within the time limited in that behalf by the copy of the notice served upon him, appealed to[F1 the independent schools tribunal] against the notice, the Department shall not, unless the appeal is abandoned or not proceeded with, have power to make an order requiring his dismissal or disqualifying him from being a teacher in any school.
(5) Where, by virtue of an order made[F1 by the independent schools tribunal] or by the Department, any person is disqualified either from being the proprietor of an independent school or from being a teacher in any school, then, unless the order otherwise directs, that person shall, by virtue of the order, be disqualified both from being the proprietor of an independent school and from being a teacher in any school.
(6) Orders made by the Department under this Article shall not be statutory rules for the purposes of the [1979 NI 12] Statutory Rules (Northern Ireland) Order 1979.
(7) Every order of[F1 the independent schools tribunal] or of the Department made under this Article shall be registered by the Department and shall be open to public inspection at all reasonable times.
[F1(8) The Department shall by regulations provide for the constitution and procedure of the Independent Schools Tribunal, and without prejudice to the generality of the foregoing such regulations—
(a)shall provide for the membership of the tribunal and may provide for disqualifying prescribed persons or descriptions of persons for membership of the tribunal;
(b)may provide that all matters relating to the procedure on appeals which are not specifically regulated by the regulations shall be determined by the tribunal.
(9) The Department may—
(a)pay to members of the Independent Schools Tribunal such remuneration and expenses as it may, with the approval of the Department of Finance and Personnel, determine;
(b)defray the expenses of the tribunal to such amount as the Department may, with the approval of the Department of Finance and Personnel, determine;
(c)provide for the tribunal such staff and accommodation as the tribunal may require.]
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