Education Act 2005

Section 27

SCHEDULE 3 E+W Registration of inspectors in Wales: tribunals hearing appeals under section 27

Modifications etc. (not altering text)

C1 Sch. 3 applied (with modifications) (16.5.2006) by S.I. 2006/1338, art. 6, Sch. 4 para. 5

Constitution of tribunals E+W

1 (1) A tribunal constituted to hear an appeal under section 27 (“a tribunal”) is to consist of— E+W

(a) a chairman appointed by the [F1 Lord Chief Justice after consulting the Lord Chancellor] , and

(b) two other members appointed by the Assembly.

(2) To be qualified for appointment as chairman of a tribunal, a person must [F2 satisfy the judicial-appointment eligibility condition on a 5-year basis.]

(3) A person may not be appointed after the day on which he attains the age of [F3 75] to be the chairman of a tribunal.

[F4 (3A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of a tribunal constituted to hear an appeal under section 27 may act as a member of such a tribunal at the request of its chairman and with the approval of the President of Welsh Tribunals.]

[F5 (3B) A chairman or other member of a tribunal must vacate office on reaching the age of 75.]

[F6 (4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.]

Textual Amendments

F1 Words in Sch. 3 para. 1(1)(a) substituted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 2, Sch. 1 para. 38(2)

F2 Words in Sch. 3 para. 1(2) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 42; S.I. 2008/1653, art. 2(d) (with arts. 3 4)

F3 Word in Sch. 3 para. 1(3) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 34(a) (with Sch. 1 para. 43)

F4 Sch. 3 para. 1(3A) inserted (12.12.2017 being the date that S.I. 2017/1282 comes into force) by Wales Act 2017 (c. 4), ss. 62(6), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2)

F5 Sch. 3 para. 1(3B) inserted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 34(b) (with Sch. 1 para. 43)

F6 Sch. 3 para. 1(4) inserted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 2, Sch. 1 para. 38(3)

Procedure of tribunals E+W

2 (1) The Assembly may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, tribunals. E+W

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

(a) as to the period within which, and manner in which, appeals must be brought,

(b) for the holding of hearings in private in prescribed circumstances,

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

(d) for enabling hearings to be conducted even though a member of the tribunal, other than the chairman, is absent,

(e) as to the disclosure by the appellant, and others, of documents and the inspection of documents,

(f) requiring persons to attend the proceedings and give evidence,

(g) as to the payment of expenses incurred by persons compelled to attend proceedings by regulations made by virtue of paragraph (f),

(h) authorising the administration of oaths to witnesses,

(i) as to the withdrawal of appeals,

(j) as to costs and expenses incurred by any party to the proceedings, and

(k) authorising preliminary or incidental matters in relation to an appeal to be dealt with by the chairman of the tribunal hearing that appeal.

Modifications etc. (not altering text)

C2 Sch. 3 para. 2 applied (3.10.2005 for E. and 1.9.2006 for W.) by 1998 c. 31, Sch. 26 para. 10(2) (as substituted by Education Act 2005 (c. 18), ss. 53, 119, 125, Sch. 7 para. 16(4)); S.I. 2005/2034, art. 6, S.I. 2006/1338, {art. 3}, Sch. 1

Staff E+W

3 E+W The Assembly may make such provision as the Assembly thinks fit for—

(a) the allocation of staff for any tribunal,

(b) the remuneration of members of tribunals and the reimbursement of their expenses,

(c) defraying any reasonable expenses incurred by any tribunal.

Modifications etc. (not altering text)

C3 Sch. 3 para. 3 applied (3.10.2005 for E. and 1.9.2006 for W.) by 1998 c. 31, Sch. 26 para. 10(2) (as substituted by Education Act 2005 (c. 18), ss. 53, 119, 125, Sch. 7 para. 16(4)); S.I. 2005/2034, art. 6, S.I. 2006/1338, {art. 3}, Sch. 1