SCHEDULES

C1 SCHEDULE 17Disabled pupils: enforcement

Annotations:
Modifications etc. (not altering text)
C1

Sch. 17: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g)

Part 2Tribunals in England and Wales

Procedure

I16

1

This paragraph applies in relation to the Welsh Tribunal.

2

The Welsh Ministers may by regulations make provision as to—

a

the proceedings on a claim under paragraph F3... F13A;

b

the making of a claim.

3

The regulations may, in particular, include provision—

a

as to the manner in which a claim must be made;

b

for enabling functions relating to preliminary or incidental matters (including in particular a decision under paragraph 4(3) to be performed by the President or by the person occupying the chair);

c

enabling hearings to be conducted in the absence of a member other than the person occupying the chair;

F2ca

for adding and substituting parties;

d

as to persons who may appear on behalf of the parties;

e

for granting such rights to disclosure or inspection of documents or to further particulars as may be granted by the county court;

f

requiring persons to attend to give evidence and produce documents;

g

for authorising the administration of oaths to witnesses;

h

for deciding claims without a hearing in prescribed circumstances;

i

as to the withdrawal of claims;

j

for enabling the Tribunal to stay proceedings;

k

for the award of costs or expenses;

l

for settling costs or expenses (and, in particular, for enabling costs to be assessed in the county court);

m

for the registration and proof of decisions and orders;

n

for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be decided in accordance with the regulations.

4

Proceedings must be held in private, except in prescribed circumstances.

5

The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as they may decide.

6

Part 1 of the Arbitration Act 1996 does not apply to the proceedings, but regulations may make provision in relation to such proceedings that corresponds to a provision of that Part.

7

The regulations may make provision for a claim to be heard, in prescribed circumstances, with an appeal under F4Part 4 of the Education Act 1996 (special educational needs)F4Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

8

A person commits an offence by failing to comply with—

a

a requirement in respect of the disclosure or inspection of documents imposed by virtue of sub-paragraph (3)(e), or

b

a requirement imposed by virtue of sub-paragraph (3)(f).

9

A person guilty of the offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.