School Admissions (Appeal Tribunals) Regulations (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Regulations.)

These Regulations revoke and replace, with a saving, the School Admissions (Appeal Tribunals) Regulations (Northern Ireland) 1990, as amended.

Article 15 of the Education (Northern Ireland) Order 1997 enables the parent of a child to appeal to an appeal tribunal against a decision of a Board of Governors of a grant-aided school refusing the child admission to the school. These Regulations provide for the constitution and procedure of such appeal tribunals.

Regulation 4 provides that an appeal tribunal shall be constituted in accordance with Schedule 1 and regulation 5 provides for the procedure on appeals to be in accordance with Schedule 2.

Paragraphs 1 to 3 of Schedule 1 relate to the size and membership of appeal tribunals. Paragraphs 4 to 7 of Schedule 1 disqualify certain persons or descriptions of persons from membership of an appeal tribunal.

Paragraph 1 of Schedule 2 deals with the initiation of appeals and paragraph 2 provides for two or more appeal tribunals to sit at the same time. Paragraph 3 provides for the appellant to make written representations and to appear before an appeal tribunal to make oral representations. Paragraph 4 provides for the Board of Governors, by whom the decision under appeal was taken, to make written representations and for a representative of the Board of Governors to appear before an appeal tribunal to make oral representations. Paragraph 5 provides for appeals to be heard in private except where the education and library board (“the board”) determines otherwise. Paragraph 6 provides that a representative of the board may attend an appeal hearing as an observer, where the appeal relates to a controlled school. Paragraph 7 provides for appeal tribunals to request information from the Board of Governors by whom the decision under appeal was taken. Paragraph 8 states how a decision is to be reached in the event of disagreement between the members of an appeal tribunal. Paragraph 9 prescribes how and to whom the decision of an appeal tribunal is to be communicated. Paragraph 10 provides for all other matters relating to the procedure on appeals, including the time within which they are to be brought, to be determined by the board.

These Regulations do not apply to appeals against decisions relating to the admission of children to grant-aided primary and secondary schools in the 1997/98 school year.