SCHEDULES

SCHEDULE 1Nursery education grants: inspections etc

Registration of nursery education inspectors

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.