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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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PART 5: ADDITIONAL POWERS OF, AND PROVISIONS RELATING TO, THE TRIBUNAL

Miscellaneous powers of Tribunal

31.—(1) Subject to the provisions of the Act and these Regulations, the Tribunal may regulate its own procedure.

(2) The Tribunal may, if it thinks fit:–

(a)extend the time appointed by or under these Regulations for doing any act, notwithstanding that the time appointed may have expired;

(b)if the appellant shall at any time give notice of the withdrawal of his appeal, dismiss the proceedings;

(c)if both the parties agree in writing upon the terms of a decision to be made by the Tribunal, decide accordingly (and in making any such decision, it shall not be necessary for the Tribunal to give reasons);

(d)subject to the proviso below, at any stage of the proceedings order to be struck out or amended any notice, reply, supplementary statement or written representation on the grounds that it is scandalous, frivolous or vexatious;

(e)subject to the proviso below, order any appeal to be struck out for undue delay:

  • Provided that before making any order under sub-paragraphs (d) or (e) above, the Tribunal shall send notice to the party against whom it is proposed that any such order should be made giving him an opportunity to explain why such an order should not be made.

Irregularities

32.—(1) Any irregularity resulting from failure to comply with these Regulations before the Tribunal has reached its decision shall not by itself render the proceedings void, but after giving the parties the opportunity within a period of not less than twenty-one days to make representations about the irregularity, the Tribunal may, and shall if it considers that any person may have been prejudiced, take such steps as it thinks fit before reaching its decision to cure the irregularity, whether by amendment of any document, the giving of any notice or otherwise.

(2) Clerical mistakes in the document referred to in regulation 28, or errors arising in such document from an accidental slip or omission, may at any time be corrected by the Chairman by certificate under his hand.

Absence of member of Tribunal

33.  If, after the commencement of any hearing, a member other than the Chairman is absent, the appeal may, with the consent of the parties, be heard by the other two members and, in that event, the Tribunal shall be deemed to be properly constituted.

Power of Chairman to exercise powers of Tribunal

34.  Any act required or authorised by these Regulations other than the decision of an appeal (not being a decision on an unopposed appeal) or the making of an order disposing of the appeal following a review under regulation 29 may be done by the Chairman:

Provided that where an order is made by the Chairman under paragraph (2)(d) or (e) of regulation 31, it shall not have effect unless it is confirmed by the Tribunal.

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