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The Education Tribunal for Wales Regulations 2021
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47.—(1) At the beginning of the hearing, a party may submit further written evidence for admission if—
(a)the parties agree to the admission of the further evidence, or
(b)the evidence satisfies the conditions set out in paragraph (2).
(2) The conditions referred to in paragraph (1)(b) are that—
(a)the evidence was not, and could not reasonably have been, available to that party before the end of the case statement period, and
(b)a copy of the evidence was submitted to the Secretary of the Tribunal and served on the other party at least 5 working days before the hearing.
(3) Further written evidence submitted in accordance with paragraph (1)(b) may only, subject to paragraph (4), be admitted if, after considering any representations from the other party, the President or the tribunal panel is of the opinion that the extent and form of the evidence is such that it is unlikely to impede the efficient conduct of the hearing.
(4) Further written evidence must not be admitted if, in the opinion of the President or the tribunal panel, its admission would be contrary to the interests of justice.
(5) If the conditions in paragraph (2) are not met, the President or the tribunal panel may give a party permission to submit further written evidence at the hearing if the President or the tribunal panel is of the opinion that unless the evidence is admitted, there is a serious risk of prejudice to the party seeking to rely on it.
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