The Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These regulations replace the Education (Registered Inspectors of Schools Appeal Tribunal) (Procedure) Regulations 1994 (S.I. 1994/717) and make provision in materially the same terms for appeals against decisions of the Chief Inspector for England and the Chief Inspector for Wales conferred, on the one hand, by section 9 of the School Inspections Act 1996 and, on the other hand, by paragraph 10 of Schedule 26 to the School Standards and Framework Act 1998.

These Regulations have been prepared after consultation with the Council on Tribunals.

Part 1 contains general provisions only.

Part 2 contains provisions relating to the making of an appeal to the Tribunal and the reply by the Chief Inspector.

Regulation 3 provides for written notices of appeal and regulation 4 for a time limit of twenty-eight days of appeal, which may be extended by the Tribunal. The grounds of appeal may be amended or supplemented (regulation 5). The appellant may apply for directions (regulation 6). Regulation 7 provides for the withdrawal of appeals. Regulation 8 governs the action to be taken by the appellant on receiving notice of the hearing. The appellant may conduct his own case (with assistance from any person if he wishes) or may be represented by any person (regulation 9).

The Chief Inspector must deliver a written reply accompanied by relevant documents within twenty-eight days (regulation 10). The Chief Inspector may amend his reply or apply for directions (regulation 11). No hearing is required in the circumstances set out in regulation 12. Regulation 13 governs the representation of the Chief Inspector at the hearing.

Part 3 contains provisions relating to the preparation for the hearing.

A proper officer of the Tribunal must acknowledge and register the appeal and serve documents on the parties (regulation 14). The Tribunal has power to give appropriate directions, including a requirement for particulars or supplementary statements, disclosure of documents and other material or the summoning of witnesses (regulations 15, 16, 17 and 18). Regulations 19 and 20 contain supplementary provisions relating to directions. A proper officer of the Tribunal must notify the parties of the time and place of the hearing (regulation 21) and provide a list of oral hearings for public inspection (regulation 22).

Part 4 contains provisions relating to the determination of appeals.

The Tribunal may determine an appeal without a hearing in the circumstances set out in regulation 23. Hearings are to be in public subject to exceptions set out in regulation 24. Regulation 25 provides for the failure of parties to attend or be represented at a hearing. Regulation 26 governs the procedure at hearings. Regulation 27 provides for expert evidence. Regulation 28 governs the mode by which the Tribunal reaches its decision and communicates it to the parties. Regulation 29 provides for the Tribunal to review its decisions. Regulation 30 deals with costs.

Part 5 contains additional powers of, and provisions relating to, the Tribunal.

Regulation 31 sets out miscellaneous powers of the Tribunal. Irregularities are dealt with in regulation 32. Regulation 33 provides for the absence of a member of the Tribunal, and regulation 34 for the Chairman to exercise the powers of the Tribunal as specified.

Part 6 contains miscellaneous provisions.

Regulation 35 relates to proof of documents and certification of decisions. Regulation 36 governs the service of documents, and regulation 37 relates to Sundays and public holidays.