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

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(A) THE APPELLANT

Method of appealing

3.—(1) An appeal to the Tribunal shall be made by written notice. A form approved by the Chairman of the Tribunal which may be used for making an appeal may be obtained from the offices of the Chief Inspector, or from the Tribunal. If a copy of the approved form is not for any reason available, the notice of appeal may be in such form as the Tribunal may accept.

(2) The notice of appeal shall state:

(a)the name and address of the appellant;

(b)the date and any reference number of the disputed decision and whether the disputed decision was taken by the Chief Inspector;

(c)the grounds of the appeal;

(d)where applicable, the special circumstances which the appellant considers justify the Tribunal’s accepting jurisdiction under regulation 4(2) below;

(e)the name and address and (where applicable) the profession of the representative (if any) of the appellant and whether the Tribunal should send replies or notices concerning the appeal to the representative instead of the appellant.

(3) A copy of the disputed decision shall be attached to the notice of appeal.

(4) The appellant or his representative shall sign the notice of appeal.

(5) A proper officer of the Tribunal will acknowledge the receipt of the notice of appeal and will inform the appellant or his representative of any further steps which he must take to enable the tribunal to determine the appeal, and the time and place of the hearing of the appeal.

Time limit for appealing

4.—(1) Subject to paragraph (2) below, a notice of appeal shall not be valid unless it is served on the Tribunal within twenty-eight days of the date on which the notice or notification relating to the disputed decision was served on or given to the appellant.

(2) The Tribunal may accept a notice of appeal served after expiry of the period permitted by paragraph (1) above if it is of the opinion that, by reason of special circumstances, it is just and right to do so.

Amendment of notice of appeal and delivery of supplementary grounds of appeal

5.—(1) The appellant may, at any time before he is notified of the date of the hearing of the appeal, amend his notice of appeal or deliver a supplementary statement of grounds of appeal.

(2) The appellant may amend any notice of appeal or supplementary statement of grounds of appeal with the leave of the Tribunal at any time after he has been notified of the date of the hearing of the appeal or at the hearing itself. The Tribunal may grant such leave on such terms as it thinks fit, including the payment of costs.

(3) The appellant shall send a copy of every amendment and supplementary statement to the Tribunal.

Application for directions

6.  The appellant may apply to the Tribunal to give directions about any matter relating to the hearing of his appeal. An application for directions shall be made in writing to the Tribunal with sufficient copies to enable the Tribunal to serve a copy on the other party.

Withdrawal of appeal

7.—(1) The appellant may:

(a)at any time before the hearing of the appeal withdraw his appeal by sending to the Tribunal a notice stating that he withdraws his appeal, signed by him or his representative;

(b)at the hearing of the appeal, with the leave of the Tribunal, withdraw his appeal.

(2) Where an appeal is withdrawn, a fresh appeal may not be brought in relation to the same decision except with the leave of the Tribunal.

Action of appellant on receipt of notice of hearing

8.—(1) A proper officer will serve on the appellant a notice informing him of the time and place of any oral hearing which is to be held which, unless the parties otherwise agree, shall not be earlier than twenty-one days after the date on which the notice is sent. Such notice will include, in a form approved by the Chairman, guidance regarding the rules of evidence and procedure which apply to the hearing.

(2) When he receives the notice of the time and place of hearing, the appellant shall inform the Tribunal whether or not he intends to attend or be represented at the hearing and whether or not he intends to call witnesses.

(3) If the appellant does not intend to attend or be represented at the hearing, he may send to the Tribunal additional written representations in support of his appeal.

Representation at hearing

9.  At the hearing of an appeal, the appellant may conduct the case himself (with assistance from any person if he wishes) or may be represented by any person whom he may appoint for the purpose, whether or not he has notified the Tribunal of that person’s name and address under regulation 3(2)(c).

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