Education Act 1996

Changes over time for: Section 336

Version Superseded: 01/10/2010

Alternative versions:

Status:

Point in time view as at 01/09/2009. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Education Act 1996, Section 336 is up to date with all changes known to be in force on or before 29 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

336 Tribunal procedure.E+W

(1)Regulations [F1made by the Welsh Ministers] may make provision about the proceedings of the [F2Welsh] Tribunal on an appeal under this Part and the initiation of such an appeal.

(2)The regulations may, in particular, include provision—

(a)as to the period within which, and the manner in which, appeals are to be instituted,

(b)where the jurisdiction of the [F3Welsh] Tribunal is being exercised by more than one tribunal—

(i)for determining by which tribunal any appeal is to be heard, and

(ii)for the transfer of proceedings from one tribunal to another,

(c)for enabling any functions which relate to matters preliminary or incidental to an appeal to be performed by the President, or by the chairman,

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)for hearings to be conducted in the absence of any member other than the chairman,

(f)as to the persons who may appear on behalf of the parties,

(g)for granting any person such [F5disclosure] or inspection of documents or right to further particulars as might be granted by a county court,

(h)requiring persons to attend to give evidence and produce documents,

(i)for authorising the administration of oaths to witnesses,

(j)for the determination of appeals without a hearing in [F6circumstances prescribed in the regulations] ,

(k)as to the withdrawal of appeals,

(l)for the award of costs or expenses,

(m)for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court),

(n)for the registration and proof of decisions and orders, and

(o)for enabling the [F7Welsh] Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.

[F8(2A)Proceeding before the [F9Welsh] Tribunal shall be held in private, except in [F10circumstances prescribed in the regulations] .]

[F11(3)The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the Welsh Tribunal as the Welsh Ministers may determine.]

(4)Part I of the M1Arbitration Act 1996 shall not apply to any proceedings before the [F12Welsh] Tribunal but regulations [F13made by the Welsh Ministers] may make provision corresponding to any provision of [F14that Part].

[F15(4A)[F16Regulations made under subsection (1)] may make provision for an appeal under this Part to be heard, in [F17circumstances prescribed in the regulations] , with a claim under Chapter 1 of Part 4 of the Disability Discrimination Act 1995.]

(5)Any person who without reasonable excuse fails to comply with—

(a)any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (2)(g), or

(b)any requirement imposed by the regulations by virtue of subsection (2)(h),

is guilty of an offence.

[F18(5A)Any person who without reasonable excuse fails to comply with any requirement which—

(a)is imposed by Tribunal Procedure Rules in relation to appeals under this Part made to the First-Tier Tribunal, and

(b)corresponds to a requirement mentioned in subsection (5)(a) or (b),

is guilty of an offence.]

(6)A person guilty of an offence under subsection (5) [F19or (5A)] is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F1Words in s. 336(1) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(a)(i)

F2Word in s. 336(1) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(a)(ii)

F3Word in s. 336(2)(b) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(b)(i)

F4Section 336(2)(d) repealed (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1)(6), 43(4)(e), Sch. 8 para. 13(2)(a), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II