PART IICHILDREN WITH SPECIAL EDUCATIONAL NEEDS

Special Educational Needs Tribunal for Northern Ireland

Constitution of Tribunal22

F11

The Special Educational Needs and Disability Tribunal for Northern Ireland (referred to in this Part as “the Tribunal”) shall exercise the jurisdiction conferred on it by this Part.

2

There shall be—

a

a President of the Tribunal appointed by theF2F3Northern Ireland Judicial Appointments Commission;

b

a panel appointed by theF4F3Northern Ireland Judicial Appointments Commission of persons who may serve as chairman of the Tribunal; and

C1c

a panel appointed by the Department of persons who may serve as the other two members of the Tribunal apart from the chairman.

3

No person may be appointed—

a

President or member of the panel mentioned in paragraph (2)(b) unless he possesses such legal qualifications as theF5F6F7Department of Justice considers suitableF8 after consultation with the Lord Chief Justice;

C2b

member of the panel mentioned in paragraph (2)(c) unless he satisfies such requirements as may be prescribed.

F93A

The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph (3)—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

4

The President—

a

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

may resign office by notice in writing to theF11F12Northern Ireland Judicial Appointments Commission; and

c

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

5

A person appointed member of either panel shall hold office subject to such conditions as to the period of his appointment and otherwise as may be determined by the F13. . . body appointing him, but may resign office by notice in writing to that F13. . . body.

F145A

For an appointment under paragraph (2)(b), the conditions mentioned in paragraph (5) are to be determined with the agreement of the F15Department of Justice.

C36

The Department may—

a

pay to the President, and to any other person in respect of his service as a member of the Tribunal, such remuneration F16, allowances and expenses as it may, with the approval of the Department of Finance and Personnel, determine;

b

defray the expenses of the Tribunal to such amount as the Department may, with the approval of the Department of Finance and Personnel, determine;

c

provide for the Tribunal such staff and accommodation as the Tribunal may require.

7

The jurisdiction of the Tribunal shall be exercised by such number of tribunals as may be determined from time to time by the President.