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SCHEDULES

Section 195

SCHEDULE 18E+WSpecial Educational Needs Tribunal for Wales

Special Educational NeedsE+W

1The Education Act 1996 (c. 56) is amended as follows.

Commencement Information

I1Sch. 18 para. 1 in force at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

2E+WIn section 313 (code of practice), for subsection (5) there is substituted—

(5)In this Part (except sections 333 to 336), “the Tribunal”, in relation to an appeal, means—

(a)where the [F1local authority] concerned is in England, the Special Educational Needs and Disability Tribunal,

(b)where the [F1local authority] concerned is in Wales, the Special Educational Needs Tribunal for Wales.

Textual Amendments

Commencement Information

I2Sch. 18 para. 2 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

3E+WIn section 326A (unopposed appeals), for subsection (6) there is substituted—

(6)In this section, “prescribed” means prescribed by regulations made—

(a)in relation to an appeal to the Special Educational Needs and Disability Tribunal, by the Secretary of State,

(b)in relation to an appeal to the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales.

Commencement Information

I3Sch. 18 para. 3 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

F24E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6E+WIn section 336A, for subsection (2) there is substituted—

(2)In subsection (1), “prescribed” means prescribed by regulations made—

(a)as to orders of the Special Educational Needs and Disability Tribunal, by the Secretary of State,

(b)as to orders of the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales with the agreement of the Secretary of State.

Commencement Information

I4Sch. 18 para. 6 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

Disability DiscriminationE+W

F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F410E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F411E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F412E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

13E+WSection 10 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) (consultation on appointments) is not to apply to appointments to the lay panel appointed for the Special Educational Needs Tribunal for Wales under section 333(2) of the Education Act 1996 (c. 56).

Commencement Information

I5Sch. 18 para. 13 in force at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

Consequential amendmentsE+W

14In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) there is inserted in the appropriate place—

President of the Special Educational Needs Tribunal for Wales, or member of a panel of persons appointed to act as chairman or other member of that Tribunal.

Commencement Information

I6Sch. 18 para. 14 in force at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

15E+WIn Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (bodies subject to the supervision of the Council), in paragraph 40B—

(a)the existing entry becomes sub-paragraph (a), and

(b)after that sub-paragraph there is inserted—

(b)the Special Educational Needs Tribunal for Wales.

Commencement Information

I7Sch. 18 para. 15 in force at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

16E+WIn section 42 of the Special Educational Needs and Disability Act 2001 (c. 10), subsection (2) (National Assembly for Wales and functions under section 336 of the Education Act 1996 (c. 56)) is omitted.

Commencement Information

I8Sch. 18 para. 16 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

Saving and transitional provisionE+W

17The amendments made by any provision of this Schedule do not affect—

(a)appeals instituted under Part 4 of the Education Act 1996, or

(b)claims made under section 28I of the Special Educational Needs and Disability Act 2001,

before the coming into force of that provision.

Commencement Information

I9Sch. 18 para. 17 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

18E+WRegulations made, or having effect as if made, under any of sections 326A and 333 to 336A of the Education Act 1996 in relation to the Special Educational Needs and Disability Tribunal have effect in relation to the Special Educational Needs Tribunal for Wales until superseded by regulations made in relation to that Tribunal, but as if references to the Secretary of State were references to the National Assembly for Wales.

Commencement Information

I10Sch. 18 para. 18 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III