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

Education, Wales

The Education Tribunal for Wales Regulations 2021
Made
at 2.10 p.m. on 24 March 2021
Coming into force
1 September 2021
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 2018 and section 207(4) of, and paragraphs 6(1), (2) to (5) and (7) and 6A of Schedule 17 to, the Equality Act 2010 .
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 Cymru .
2018 anaw 2; see section 99(1) for the definitions of “prescribed” and “regulations”.
2010 c. 15; see section 212(1) for the definition of “prescribed”. Paragraph 19 of Schedule 1 to the 2018 Act amended the 2010 Act including substituting paragraph 6A of Schedule 17.
The references in section 98(3) of the 2018 Act and section 209(6) of the 2010 Act to the National Assembly for Wales are now to be read as references to Senedd Cymru by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32).