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Special Educational Needs Tribunal Regulations (Northern Ireland) 1997

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Part IGeneral

Citation and commencement

1.  These Regulations may be cited as the Special Educational Needs Tribunal Regulations (Northern Ireland) 1997 and shall come into operation on 1st September 1997.

Interpretation

2.—(1) In these Regulations—

“the 1996 Order” means the Education (Northern Ireland) Order 1996;

“the board” means the education and library board which made the disputed decision;

“chairmen’s panel” means a panel of persons appointed under Article 22(2)(b) of the 1996 Order who may serve as chairman of the Tribunal;

“child” means the child in respect of whom the appeal is brought;

“the clerk to the Tribunal” means the person appointed by the Secretary of the Tribunal to act in that capacity at one or more hearings;

“disputed decision” means the decision or determination in respect of which the appeal is brought;

“hearing” means a sitting of the tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawfully requisite to enable the tribunal to reach a decision on any question;

“lay panel” means the panel of persons appointed under Article 22(2)(c) of the 1996 Order who may serve as the other two members of the Tribunal apart from the chairman;

“parent” means a parent who has appealed to the Tribunal under the 1996 Order;

“records” means the records of the Tribunal;

“the Secretary of the Tribunal” means the person for the time being acting as the Secretary of the office of the Tribunal;

“working day”, except in regulation 24, means a day other than a Saturday, a Sunday, a public holiday or a day in August.

(2) Nothing in these Regulations shall authorise a body corporate to attend a tribunal or to take any steps in proceedings other than by a representative.

Sittings of tribunals

3.  The tribunals shall sit at such times and in such places as may from time to time be determined by the President.

Membership of tribunal

4.—(1) Subject to the provisions of regulation 28(5), the tribunal shall consist of a chairman and two other members.

(2) For each hearing—

(a)the chairman shall be the President or a person selected from the chairmen’s panel by the President; and

(b)the two other members of the tribunal other than the chairman shall be selected from the lay panel by the President.

Proof of documents

5.  A document purporting to be a document issued by the Secretary of the Tribunal on behalf of the Tribunal shall, unless the contrary is proved, be deemed to be a document so issued.

Certification of decisions

6.  A document purporting to be certified by the Secretary of the Tribunal to be a true copy of a document containing a decision of the tribunal shall, unless the contrary is proved, be sufficient evidence of matters contained therein.

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