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

PART 1: GENERAL

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 1998 and shall come into force on 25th February 1999.

(2) The Education (Registered Inspectors of Schools Appeal Tribunal) (Procedure) Regulations 1994(1) are revoked.

Interpretation

2.  In these Regulations, unless the context otherwise requires–

“the 1996 Act” means the School Inspections Act 1996;

“the 1998 Act” means the School Standards and Framework Act 1998;

“appeal” means appeal by a person who is aggrieved, under either–

(a)

section 9(1) of the 1996 Act(2), or

(b)

paragraph 10(1) of Schedule 26 to the 1998 Act;

“appellant” means a person who brings an appeal;

“Chairman” means the Chairman of the Tribunal;

“Chief Inspector” means–

(a)

in the case of an appeal under section 9(1) of the 1996 Act,

(i)

relating to registration in the register, or as the case may be enrolment in the list, kept by the Chief Inspector for England, the Chief Inspector for England; and

(ii)

relating to registration in the register, or as the case may be enrolment in the list kept by the Chief Inspector for Wales, the Chief Inspector for Wales;

(b)

in the case of an appeal under paragraph 10(1) of Schedule 26 to the 1998 Act,

(i)

relating to registration in the register maintained by the Chief Inspector of Schools in England, the Chief Inspector of Schools in England; and

(ii)

relating to registration in the register maintained by the Chief Inspector of Schools in Wales, the Chief Inspector of Schools in Wales;

“costs” includes fees, charges, disbursements, expenses and remuneration;

“disputed decision” means the matter in relation to which the appellant appeals or intending appellant desires to appeal to the Tribunal;

“proper officer” in relation to a regulation means an officer or servant of the Tribunal appointed by the Chairman to perform the duties of a proper officer under that regulation;

“the register” except in relation to the definition of Chief Inspector, means the register kept by a proper officer of the Tribunal;

“Registered Inspectors of Schools Appeal Tribunal” means a tribunal constituted in accordance with Schedule 2 to the 1996 Act to hear appeals under section 9 of that Act;

“Registered Nursery Education Inspectors Appeal Tribunal” means a tribunal constituted in accordance with paragraph 10(2) of Schedule 26 to the 1998 Act to hear appeals under sub-paragraph (1) of that paragraph;

“the Tribunal” means–

(a)

in the case of an appeal under section 9(1) of the 1996 Act, the Registered Inspectors of Schools Appeal Tribunal;

(b)

in the case of an appeal under paragraph 10(1) of Schedule 26 to the 1998 Act, the Registered Nursery Education Inspectors Appeal Tribunal.

(1)

S.I. 1994/717.

(2)

Appeal under section 9(1) is available in relation to registration under section 7 of the 1996 Act, and to persons so registered, or, by virtue of section 3A(5) of that Act, in relation to enrolment under section 3A, and to persons so enrolled. Section 3A was inserted by paragraph 4(2) of Schedule 28 to the 1998 Act.