F1Procedure on an appealE+W
Textual Amendments
F1Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt. II
F24In the following provisions of this Schedule—
“appeal” means an appeal under section 423A(2); and
“appeal committee” means such an appeal committee as is mentioned in paragraph 3(4) above.
Textual Amendments
F2Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II
F35An appeal shall be by notice in writing setting out the grounds on which it is made.
Textual Amendments
F3Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II
F46The appeal committee shall meet to consider an appeal—
(a)within the period ending with the 15th school day after the day on which the appeal is lodged, or
(b)if the local education authority have determined a shorter period, within that period.
Textual Amendments
F4Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II
F57On an appeal the committee shall allow—
(a)the local education authority and the governing body to make written representations;
(b)an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations; and
(c)the governing body to be represented.
Textual Amendments
F5Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II
F68In considering an appeal the appeal committee shall have regard to—
(a)the reasons for the local education authority’s decision that the child in question should be admitted; and
(b)any reasons put forward by the governing body as to why the child’s admission would be inappropriate.
Textual Amendments
F6Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II
F79Appeals shall be heard in private except when otherwise directed by the local education authority, but any member of the local education authority or of the Council on Tribunals may attend, as an observer, any meeting of an appeal committee at which an appeal is considered.
Textual Amendments
F7Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II
F810Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.
Textual Amendments
F8Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II
F911In the event of a disagreement between the members of an appeal committee, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.
Textual Amendments
F9Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II
F1012The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to—
(a)the local education authority, and
(b)the governing body making the appeal,
within the period ending with the 17th school day after the day on which the appeal is lodged.
Textual Amendments
F10Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II
F1113(1)Subject to paragraphs 5 to 12, all matters relating to the procedure on appeals shall be determined by the local education authority.
(2)Neither section 106 of the M1Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee.
Textual Amendments
F11Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II
Marginal Citations