Modifications etc. (not altering text)
C1Sch. 17: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g)
6(1)This paragraph applies in relation to the Welsh Tribunal.E+W+S
(2)The Welsh Ministers may by regulations make provision as to—
(a)the proceedings on a claim under paragraph F1... [F23A];
(b)the making of a claim.
(3)The regulations may, in particular, include provision—
(a)as to the manner in which a claim must be made;
(b)for enabling functions relating to preliminary or incidental matters (including in particular a decision under paragraph 4(3) to be performed by the President or by the person occupying the chair);
(c)enabling hearings to be conducted in the absence of a member other than the person occupying the chair;
[F3(ca) for adding and substituting parties;]
(d)as to persons who may appear on behalf of the parties;
(e)for granting such rights to disclosure or inspection of documents or to further particulars as may be granted by the county court;
(f)requiring persons to attend to give evidence and produce documents;
(g)for authorising the administration of oaths to witnesses;
(h)for deciding claims without a hearing in prescribed circumstances;
(i)as to the withdrawal of claims;
(j)for enabling the Tribunal to stay proceedings;
(k)for the award of costs or expenses;
(l)for settling costs or expenses (and, in particular, for enabling costs to be assessed in the county court);
(m)for the registration and proof of decisions and orders;
(n)for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be decided in accordance with the regulations.
(4)Proceedings must be held in private, except in prescribed circumstances.
(5)The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as they may decide.
(6)Part 1 of the Arbitration Act 1996 does not apply to the proceedings, but regulations may make provision in relation to such proceedings that corresponds to a provision of that Part.
(7)The regulations may make provision for a claim to be heard, in prescribed circumstances, with an appeal under [F4Part 4 of the Education Act 1996 (special educational needs)] [F4Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018].
(8)A person commits an offence by failing to comply with—
(a)a requirement in respect of the disclosure or inspection of documents imposed by virtue of sub-paragraph (3)(e), or
(b)a requirement imposed by virtue of sub-paragraph (3)(f).
(9)A person guilty of the offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Textual Amendments
F1Words in Sch. 17 para. 6(2)(a) omitted (E.W.) (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(e)(i); S.I. 2021/373, art. 8(j)(xxxiii)
F2Words in Sch. 17 para. 6(2)(a) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 11(2)(a) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 5); S.I. 2012/320, art. 2(d)
F3Sch. 17 para. 6(3)(ca) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 11(2)(b) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 5); S.I. 2012/320, art. 2(d)
F4Words in Sch. 17 para. 6(7) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(e)(ii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3(o)(xviii); S.I. 2021/1244, art. 3(o)(xviii); S.I. 2021/1245, arts. 3(o)(xviii), 4 (with art. 1(4)); S.I. 2022/891, art. 3(o)(xix) (with arts. 1, 2, 4-25); S.I. 2022/892, art. 3(o)(xix) (with arts. 1, 2, 4-18); S.I. 2022/893, art. 4 (with art. 1(2)); S.I. 2022/894, art. 3(o)(xviii) (with arts. 1(2), art. 1, 2); S.I. 2022/895, arts. 3(o)(xix), 4; S.I. 2022/896, art. 3(o)(xix) (with arts. 1(2), art. 2, 4-22); S.I. 2022/897, art. 3(o)(xix) (with arts. 1(2), art. 1(8), 2, 4-21); S.I. 2022/898, arts. 2(o)(xix), 3
Commencement Information
I1Sch. 17 para. 6 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 para. 6(1)-(7) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 17 Pt. 2 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)