SCHEDULES
SCHEDULE 26 Inspection of nursery education F7in Wales
F1 Registration of nursery education inspectors F2for Wales
Sch. 26 paras. 6A, 6B, 7 and cross-headings substituted for Sch. 26 paras. 6, 7 (1.8.2005 for E. for specified purposes, 3.10.2005 for E. so far as not already in force, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 12 (with s. 119); S.I. 2005/2034, arts. 2, 6; S.I. 2006/1338, art. 3, Sch. 1
Words in Sch. 26 para. 8 heading inserted (3.10.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 13 (with s. 119); S.I. 2005/2034, art. 6
C110
1
Any person who is aggrieved by—
a
the refusal of the Chief Inspector F3for Wales to renew his registration under paragraph 8,
b
the imposition or variation of any condition subject to which he is registered under that paragraph, or
c
the removal of his name from the register under paragraph 9,
may appeal against the Chief Inspector’s decision.
F41A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52
An appeal under sub-paragraph (1) shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 27 of the Education Act 2005; and paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 3 to that Act apply to tribunals to hear appeals under sub-paragraph (1) as they apply to tribunals to hear appeals under that section.
3
No decision against which an appeal may be made under sub-paragraph (1) shall have effect until—
a
any appeal against it which is duly made is disposed of, or
b
the period within which an appeal may be made expires without an appeal being made.
4
Sub-paragraph (3) shall not apply where the Chief Inspector F6for Wales—
a
is satisfied that the circumstances of the case justify the decision in question taking effect immediately or earlier than would otherwise be the case, and
b
notifies the person concerned to that effect.
5
On determining any appeal under this paragraph, the tribunal may—
a
confirm, reverse or vary the decision appealed against, or
b
remit the case to the Chief Inspector F6for Wales with directions as to the action to be taken by him.
Words in Sch. 26 title inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 36(2); S.I. 2008/2261, art. 2 (with Sch. 1)