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Nursery Education and Grant-Maintained Schools Act 1996

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This is the original version (as it was originally enacted).

10(1)Any person who is aggrieved by—

(a)the refusal of the Chief Inspector 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.

(2)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 12 of the [1992 c. 38.] Education (Schools) Act 1992; and paragraph 2 (procedure) and paragraph 3(1) (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—

(a)is satisfied that the circumstances of the case are exceptional and 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 with directions as to the action to be taken by him.

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