Education Act 2002

Section 195

SCHEDULE 18 E+W Special Educational Needs Tribunal for Wales

Special Educational Needs E+W

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

Commencement Information

I1 Sch. 18 para. 1 in force at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

2 E+W In 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 [F1 local authority] concerned is in England, the Special Educational Needs and Disability Tribunal,

(b) where the [F1 local authority] concerned is in Wales, the Special Educational Needs Tribunal for Wales.”

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Commencement Information

I2 Sch. 18 para. 2 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

3 E+W In 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

I3 Sch. 18 para. 3 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

F2 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 18 para. 4 repealed (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 228(k)

F3 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 18 para. 5 repealed (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 228(k)

6 E+W In 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

I4 Sch. 18 para. 6 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

Disability Discrimination E+W

F4 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 18 paras. 7-12 repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

F4 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 18 paras. 7-12 repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

F4 9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 18 paras. 7-12 repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

F4 10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 18 paras. 7-12 repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

F4 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 18 paras. 7-12 repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

F4 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 18 paras. 7-12 repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

13 E+W Section 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 [F5 Education Tribunal for Wales under section 91(5) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018].

Textual Amendments

F5 Words in Sch. 18 para. 13 substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 6(d)(v); S.I. 2021/373, art. 8(j)(xvi)

Commencement Information

I5 Sch. 18 para. 13 in force at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

Consequential amendments E+W

14 In 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

I6 Sch. 18 para. 14 in force at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

15 E+W In 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

I7 Sch. 18 para. 15 in force at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

16 E+W In 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

I8 Sch. 18 para. 16 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

Saving and transitional provision E+W

17 The 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

I9 Sch. 18 para. 17 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III

18 E+W Regulations 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

I10 Sch. 18 para. 18 in force at 1.9.2003 by S.I. 2002/3185, art. 6, Sch. Pt. III