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School Standards and Framework Act 1998, Cross Heading: Procedure is up to date with all changes known to be in force on or before 22 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5(1)Regulations may make provision as to the procedure to be followed in connection with the reference, under this Part or Part III of this Act [F1or under Part 2 of the Education and Inspections Act 2006], of matters to adjudicators and their determination of matters so referred.E+W
(2)The regulations may, in particular, make provision—
(a)as to the manner in which matters may be referred to adjudicators;
(b)for determining the adjudicators to which individual referrals are to be made;
(c)authorising adjudicators to hold local inquiries;
(d)as to the procedure to be followed where local inquiries are held by adjudicators (whether by virtue of paragraph (c) or otherwise);
(e)authorising adjudicators to appoint assessors to sit with them at such inquiries to advise them on matters arising;
(f)requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.
(3)Subject to any provision made by the regulations, an adjudicator may regulate his own procedure.
(4)The Secretary of State may make orders—
(a)as to the costs of the parties at any local inquiry held by an adjudicator (whether by virtue of sub-paragraph (2)(c) or otherwise), and
(b)as to the parties by whom the costs are to be paid;
and any costs payable under any such order shall be subject to taxation in such manner as the Secretary of State may direct.
Textual Amendments
F1Words in Sch. 5 para. 5(1) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 32; S.I. 2007/935, art. 7(o)
6E+WWhen taking any decision an adjudicator shall have regard (so far as relevant) to the obligations which, by virtue of—
[F2[F3(a)section 149 of the Equality Act 2010,]
(b)Parts 3 and 6 of the Equality Act 2010,]
are owed by any [F4local authority] or governing body which will be affected by the decision.
Textual Amendments
F2Sch. 5 para. 6(a)(b) substituted for Sch. 5 paras. (6)(a)-(c) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2))
F3Sch. 5 para. 6(a) substituted (5.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 5
F4Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))
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