SCHEDULES
C1 SCHEDULE 17Disabled pupils: enforcement
Part 2Tribunals in England and Wales
Time for bringing proceedings
I14
1
Proceedings on a claim may not be brought after the end of the period of 6 months starting with the date when the conduct complained of occurred.
F32
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F12A
If, in relation to proceedings or prospective proceedings on a claim under paragraph 3 or 3A, the dispute is referred for resolution in pursuance of arrangements under paragraph 6C F2... before the end of the period of 6 months mentioned in sub-paragraph (1), that period is extended by 3 months.
3
The Tribunal may consider a claim which is out of time.
4
Sub-paragraph (3) does not apply if the Tribunal has previously decided under that sub-paragraph not to consider a claim.
5
For the purposes of sub-paragraph (1)—
a
if the contravention is attributable to a term in a contract, the conduct is to be treated as extending throughout the duration of the contract;
b
conduct extending over a period is to be treated as occurring at the end of the period;
c
failure to do something is to be treated as occurring when the person in question decided on it.
6
In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—
a
when P acts inconsistently with doing it, or
b
if P does not act inconsistently, on the expiry of the period in which P might reasonably have been expected to do it.
Sch. 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)