The Education Tribunal for Wales Regulations 2021
1Title and commencement
2Interpretation
3Application
4The overriding objective
5Parties’ obligation to co-operate
6Alternative dispute resolution
7Lay panel members
8Establishment of tribunal panels
9Membership of tribunal panel
10Period within which proceedings must be commenced
11Appeal application
12Claim application
13Action by the Secretary of the Tribunal
14Appeal or claim made out of time
15Sufficiency of reasons
16Appellant’s or claimant’s representatives
17Case statement periods
18Appellant or claimant’s case statement
19The respondent local authority, FEI governing body or responsible body’s case statement and evidence
20Change of representative of respondent FEI governing body, local authority or responsible body
21Change of local authority in an appeal
22Copy documents for parties
23Failure to submit a case statement and absence of opposition
Tribunal enquiries
24Enquiries by the Secretary of the Tribunal
25Failure to respond to enquiries made by the Secretary of the Tribunal
26Power to strike out the appeal or claim
27Order to amend case statement
28Evidence and submissions
29Case management and directions
30Varying or setting aside directions
31Particulars and supplementary statements
32Disclosure of documents and other material
33Failure to comply with directions
34Consolidating appeals or claims
35Consolidating claims together with appeals
36Addition and substitution of parties
37Notice of date, place and time of hearings
38Transfers
39Power to determine the appeal or claim without a hearing
40Public and private hearings: arrangements and exceptions
41Restricted reporting orders
42Procedure at hearing
43Evidence at hearing
44Change of witness
45Summoning a witness
46Evidence by telephone, video link or other means
47Late written evidence
48Postponement of hearing
49Adjournments and directions
50Representation at hearing
51Failure to attend hearing
52Tribunal panel’s decision
After the hearing
53Application or proposal for review of the Tribunal’s decision
54Review of Tribunal’s decision not to extend the period in which proceedings must be commenced
55Application for permission to appeal to the Upper Tribunal
56Power to suspend Tribunal’s decision
57Orders of the Upper Tribunal or the Court
58Compliance with tribunal panel orders - appeals
Children who lack capacity and case friends
59Applications under section 70(3) of the 2018 Act for a declaration under section 71(2) of the 2018 Act relating to child’s capacity to understand
60Who may be a case friend
61How a person becomes a case friend
62Steps in proceedings
63Removing a case friend
Miscellaneous
64NHS bodies – Reports to the Tribunal
Extension of time
65(1) Subject to paragraph (2), the President may, on application...
66Withdrawal
67Orders for costs and expenses
68Power to exercise the functions of the President and Chair
69Power to exercise the functions of a panel member in relation to a review
70The Secretary of the Tribunal
71Register
72Publication
73Irregularities
74Proof of documents and certification of decisions
75Method of sending, submitting or serving notices and documents
76Calculating time
77Signature of documents
2021 No. 406 (W. 132)
Education, Wales

The Education Tribunal for Wales Regulations 2021

Made
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 70(4), 74, 75, 76(3), 77, 91(6) and 92(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 20181 and section 207(4) of, and paragraphs 6(1), (2) to (5) and (7) and 6A of Schedule 17 to, the Equality Act 20102.
In accordance with section 98(3) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 and section 209(6) of the Equality Act 2010, a draft of these Regulations was laid before, and approved by a resolution of, Senedd Cymru3.