PART 2

ADDITIONAL LEARNING NEEDS
CHAPTER 4

AVOIDING AND RESOLVING DISAGREEMENTS

Appeals and applications to the Tribunal

Regulations about procedure
75
1
Regulations may make provision about—
a
the initiation of an appeal or application under this Part;
b
the proceedings of the Education Tribunal for Wales on an appeal or application under this Part.
2
Regulations under subsection (1) may include provision—
a
as to the period within which, and the manner in which, appeals or applications are to be commenced;
b
where the jurisdiction of the Tribunal is being exercised by more than one tribunal⁠—
i
for determining by which tribunal any appeal or application is to be heard, and
ii
for the transfer of proceedings from one tribunal to another;
c
for enabling any functions relating to matters preliminary or incidental to an appeal or application to be performed by the President or by the legal chair;
d
for hearings to be conducted in the absence of a member other than the legal chair;
e
as to the persons who may appear on behalf of the parties;
f
for granting such rights to disclosure or inspection of documents or to further particulars as may be granted by the county court;
g
requiring persons to attend to give evidence and produce documents;
h
for authorising the administration of oaths to witnesses;
i
for the determination of appeals or applications without a hearing in prescribed circumstances;
j
as to withdrawal of appeals or applications;
k
as to the award of costs or expenses;
l
for assessing or otherwise settling any costs or expenses (and, in particular, for enabling such costs or expenses to be assessed in the county court);
m
for the registration and proof of decisions and orders;
n
for enabling the Tribunal to review its decisions, or revoke or vary its orders, in prescribed circumstances;
o
for enabling the Tribunal to stay proceedings;
p
for adding and substituting parties;
q
for enabling appeals or applications by different persons to be dealt with together;
r
for an appeal or application under this Part to be heard, in circumstances prescribed in the regulations, with a claim under Chapter 1 of Part 6 of the Equality Act 2010 (c. 15).
3
Proceedings before the Tribunal must be held in private, except in prescribed circumstances.
4
Part 1 of the Arbitration Act 1996 (c. 23) does not apply to any proceedings before the Tribunal but regulations may make provision corresponding to any provision of that Part.