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Part IVE+W Special educational needs

Modifications etc. (not altering text)

C1Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)

Chapter IE+W Children [F1in wales] with special educational needs

Textual Amendments

F1Words in Pt. 4 Ch. 1 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 9; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))

Modifications etc. (not altering text)

C2Pt. 4 Ch. 1 excluded (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 81, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Special Educational Needs Tribunal [F2for Wales] E+W

Textual Amendments

F2Words in s. 333 cross-heading inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 30; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

333 Constitution of F3... Tribunal.E+W

F4(1Z). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(1ZA)There continues to be a tribunal known as Tribiwnlys Anghenion Addysgol Arbennig Cymru or the Special Educational Needs Tribunal for Wales.

F6(1ZB). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F7(1)The F8... Tribunal shall exercise the jurisdiction conferred on it by this Part.]

(2)There shall be appointed—

(a)a President of the F9... Tribunal (referred to in this Part as “the President”),

(b)a panel of persons (referred to in this Part as “the chairmen’s panel”) who may serve as chairman of the F10... Tribunal, and

(c)a panel of persons (referred to in this Part as “the lay panel”) who may serve as the other two members of the F11... Tribunal apart from the chairman.

(3)The President and the members of the chairmen’s panel shall each be appointed by the Lord Chancellor.

(4)The members of the lay panel shall each be appointed by [F12the Welsh Ministers with the agreement of] the Secretary of State.

[F13(4A)A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Tribunal may, at the request of the President and with the approval of the President of Welsh Tribunals, serve as a member of the Tribunal.]

(5)[F14Regulations made by the Welsh Ministers with the agreement of the Secretary of State may]—

(a)provide for the jurisdiction of the F15... Tribunal to be exercised by such number of tribunals as may be determined from time to time by the President, and

(b)make such other provision in connection with the establishment and continuation of the F16... Tribunal as the [F17Welsh Ministers , with the agreement of the Secretary of State, consider] necessary or desirable.

[F18(6)The Welsh Ministers may provide such staff and accommodation as the F19... Tribunal may require.]

Textual Amendments

F3Word in s. 333 title omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 31(4); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F6S. 333(1ZB) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 31(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F7S. 333(1) substituted (1.9.2002) by 2001 c. 10, ss. 42(1), 43(3), Sch. 8 para. 3 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F8Word in s. 333(1) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 31(3)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F9Word in s. 333(2)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 31(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F10Word in s. 333(2)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 31(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F11Word in s. 333(2)(c) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 31(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F13S. 333(4A) inserted (12.12.2017 being the date that S.I. 2017/1282 comes into force) by Wales Act 2017 (c. 4), ss. 62(4), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2)

F15Word in s. 333(5)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 31(3)(c); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F16Word in s. 333(5)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 31(3)(c); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F19Word in s. 333(6) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 31(3)(d); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Modifications etc. (not altering text)

C3S. 333: transfer of functions (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 3(1), 4, 5, Sch. 1 Table 1 (with Sch. 4)

C4S. 333(5)(6) applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

334 The President and members of the panels.E+W

(1)No person may be appointed President or member of the chairmen’s panel unless he [F20satisfies the judicial-appointment eligibility condition on a 5-year basis.]

(2)No person may be appointed member of the lay panel unless he satisfies such requirements as may be prescribed [F21in regulations made by the Welsh Ministers with the agreement of the Secretary of State] .

(3)If, in the opinion of the Lord Chancellor [F22 and of the Lord Chief Justice] , the President is unfit to continue in office or is incapable of performing his duties, the Lord Chancellor may [F23, with the concurrence of the Lord Chief Justice, ] revoke his appointment.

(4)Each member of the chairmen’s panel or lay panel shall hold and vacate office under the terms of the instrument under which he is appointed.

(5)The President or a member of the chairmen’s panel or lay panel—

(a)may resign office by notice in writing to the Lord Chancellor or (as the case may be) the [F24Welsh Ministers] , and

(b)is eligible for re-appointment if he ceases to hold office.

Textual Amendments

Modifications etc. (not altering text)

C5S. 334(2) applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

[F25335 Remuneration and expenses.E+W

(1)The Welsh Ministers may pay to the President, and to any other person in respect of his service as a member of the F26... Tribunal, such remuneration and allowances as the Welsh Ministers may determine.

(2)The Welsh Ministers may defray the expenses of the F27... Tribunal to such amount as they may determine.]

Textual Amendments

F26Word in s. 335(1) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 32; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F27Word in s. 335(2) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 32; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Modifications etc. (not altering text)

C6S. 335 applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

336 Tribunal procedure.E+W

(1)Regulations [F28made by the Welsh Ministers] may make provision about the proceedings of the F29... 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 F30... 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,

F31(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 [F32disclosure] or inspection of documents or right to further particulars as might be granted by [F33the 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 [F34circumstances 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, [F35and]

(o)for enabling the F36... Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.

[F37(p)enabling the F38... Tribunal to stay proceedings on an appeal, and

(q)for adding and substituting parties.]

[F39(2A)Proceeding before the F40... Tribunal shall be held in private, except in [F41circumstances prescribed in the regulations].]

[F42(3)The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the F43... Tribunal as the Welsh Ministers may determine.]

(4)Part I of the M1Arbitration Act 1996 shall not apply to any proceedings before the F44... Tribunal but regulations [F45made by the Welsh Ministers] may make provision corresponding to any provision of [F46that Part].

[F47(4A)[F48Regulations made under subsection (1)] may make provision for an appeal under this Part to be heard, in [F49circumstances prescribed in the regulations], with a [F50claim in relation to a contravention of Chapter 1 of Part 6 of the Equality Act 2010 so far as relating to disability.].]

(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.

F51(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A person guilty of an offence under subsection (5) F52... is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F29Word in s. 336(1) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F30Word in s. 336(2)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F31Section 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

F32Word in s. 336(2)(g) substituted (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), 43(4)(e), Sch. 8 para. 13(2)(b) (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

F33Words in s. 336(2)(g) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F35Word in s. 336(2)(n) omitted (10.2.2012) by virtue of Education (Wales) Measure 2009 (nawm 5), ss. 7(2), 26(3); S.I. 2012/320, art. 2(b)

F36Word in s. 336(2)(o) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F37S. 336(2)(p)(q) inserted (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 7(3), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(b)

F38Word in s. 336(2)(p) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F39S. 336(2A) inserted (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), 43(4)(e), Sch. 8 para. 13(3) (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

F40Word in s. 336(2A) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(c); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F43Word in s. 336(3) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(d); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F44Word in s. 336(4) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(e); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F46Words in s. 336(4) substituted (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), 43(4)(e), Sch. 8 para. 13(4) (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

F47S. 336(4A) inserted (1.7.2002) by 2001 c. 10, s. 42(1), Sch. 8 para. 13(5) (with s. 43(13)); S.I. 2002/1721, art. 4, Sch. Pt. I

F50Words in s. 336(4A) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 37 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5) (see S.I. 2010/2317, art. 2)

F51S. 336(5A) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F52Words in s. 336(6) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Modifications etc. (not altering text)

C7S. 336 applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

Marginal Citations

F54[F53336ZA] Special Educational Needs Tribunal for WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F55336ZB.Appeals from the F56... Tribunal to the Upper TribunalE+W

(1)A party to any proceedings under this Part before the F57... Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the F57... Tribunal in those proceedings.

(2)An appeal may be brought under subsection (1) only if, on an application made by the party concerned, the F58... Tribunal or the Upper Tribunal has given its permission for the appeal to be brought.

(3)Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the F59... Tribunal.]

Textual Amendments

F56Word in s. 336ZB omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 34(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F57Word in s. 336ZB(1) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 34(2)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F58Word in s. 336ZB(2) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 34(2)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F59Word in s. 336ZB(3) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 34(2)(c); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

[F60336A Compliance with ordersE+W

(1)If the Tribunal makes an order, the [F61local authority] concerned must comply with the order before the end of the prescribed period beginning with the date on which it is made.

[F62(2)In subsection (1), “prescribed” means prescribed by regulations made [F63by the Welsh Ministers with the agreement of the Secretary of State.]

F64(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F60S. 336A inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 4, 43(4)(a) (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

F63Words in s. 336A(2) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 35(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F64S. 336A(2)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 35(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F65S. 336A(2)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 35(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)