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The Education Tribunal for Wales Regulations 2021

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Disclosure of documents and other materialE+W

32.—(1) The President or the tribunal panel may—

(a)direct a party to submit to the President or the tribunal panel by a specified date any document or other material which the President or the tribunal panel may require and which it is in the power of that party to submit;

(b)give a direction on—

(i)any issue on which disclosure of evidence is required,

(ii)the nature and extent of the disclosure,

(iii)the manner in which the document or other evidence is to be provided to the Tribunal, and

(iv)the exclusion of any document or other evidence which is irrelevant, unnecessary or improperly obtained.

(2) The President or the tribunal panel may impose a condition on the supply of a copy of any document or other material submitted in compliance with a direction given under paragraph (1) that the party receiving it must use the copy only for the purposes of the appeal or claim.

(3) The President or the tribunal panel may require a written undertaking to observe the condition referred to in paragraph (2) before supplying a copy.

(4) The President or the tribunal panel may grant to a party an order for such disclosure or inspection of documents (including the taking of copies) as might be granted under the Civil Procedure Rules 1998(1).

(5) An order under paragraph (4) must contain a reference—

(a)in relation to an appeal, that under section 79 of the 2018 Act, any person who without reasonable excuse fails to comply with requirements regarding disclosure or inspection of documents is liable on summary conviction to a fine not exceeding level 3 on the standard scale, and

(b)in relation to a claim, that under paragraph 6(8) of Schedule 17 to the 2010 Act, any person who without reasonable excuse fails to comply with requirements regarding disclosure or inspection of documents is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I1Reg. 32 in force at 1.9.2021, see reg. 1

(1)

See Part 31 – Disclosure and Inspection of Documents.

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