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

Regulation 4

SCHEDULE 1

1.  An appeal tribunal shall consist of a chairman and two other members selected in accordance with paragraphs 2 and 3.

2.  Subject to paragraphs 4 to 7, the chairman shall be selected by the board or, on behalf of the board, by the chief executive or his nominee from a panel of persons appointed by the board to act as chairmen of appeal tribunals.

3.  Subject to paragraphs 4 to 7, the two other members shall be selected by the board or, on behalf of the board, by the chief executive or his nominee from a panel of persons appointed by the board to act as members of appeal tribunals.

4.  A person employed by the board otherwise than as a full-time teacher shall not be a member or chairman of an appeal tribunal.

5.  A person shall not be a member or chairman of an appeal tribunal for the consideration of any appeal against a decision, if he was among those who made the decision or took part in discussions as to whether the decision should be made.

6.  A person who is a teacher at a school shall not be a member or chairman of an appeal tribunal for the consideration of an appeal involving a question as to whether or not a child is to be admitted to that school.

7.  A person who is a teacher at a primary school or the preparatory department of a grammar school, or a person who is a member of the Board of Governors of any such school, shall not be a member or chairman of an appeal tribunal for the consideration of an appeal involving a child who is transferring from that primary school or preparatory department.

Regulation 5

SCHEDULE 2

1.  An appeal shall be by notice in writing sent to the board setting out the grounds on which it is made.

2.  Two or more appeal tribunals may sit at the same time.

3.  An appeal tribunal shall give the appellant an opportunity to make written representations and an opportunity of appearing and making oral representations.

4.  An appeal tribunal shall give the Board of Governors by whom the decision under appeal was taken an opportunity to make written representations and shall afford a representative of the Board of Governors an opportunity of appearing and making oral representations.

5.  Subject to paragraph 6, appeals shall be heard in private except where the board determines otherwise.

6.  Where an appeal is in respect of a decision refusing a child admission to a controlled school, a representative of the board may attend the hearing as an observer.

7.  An appeal tribunal may request the Board of Governors by whom the decision under appeal was taken to supply the tribunal with information about admissions and proposed admissions to the school.

8.  In the event of disagreement between the members (including the chairman) of an appeal tribunal the appeal under consideration shall be decided by a simple majority of the votes cast. The chairman and members shall each have a vote.

9.  The decision of an appeal tribunal and the grounds on which it was made shall be communicated by the tribunal in writing to the appellant, the board and the Board of Governors by whom the decision appealed against was made.

10.  Subject to paragraphs 1 to 9, all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the board.