5.—(1) For the purpose of assisting with the resolution of disputes between any education authority and any person mentioned in section 16(1)(a), (b) or (c) of the Act, the Scottish Ministers must appoint and maintain a panel of individuals having such knowledge and experience of children or young persons with additional support needs and the functions of education authorities under the Act as the Scottish Ministers think fit (who may include a member of the staff of the Scottish Administration) to act as independent adjudicators for the purpose of considering applications.
(2) On receiving a request from an authority the Scottish Ministers must nominate a person from that panel for appointment by the education authority to consider an application, which person must not be or have been a member or an officer of an education authority with an interest in the specified matter during the period of 5 years prior to being so appointed.