Part IV Special educational needs

F1Chapter I Children in wales with special educational needs

Special Educational Needs Tribunal F2for Wales

F1333 Constitution of F3... Tribunal.

F4(1Z)

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F1(1ZA)

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F5(1ZB)

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F6(1)

The F7... Tribunal shall exercise the jurisdiction conferred on it by this Part.

F1(2)

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F1(3)

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F1(4)

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F1(4A)

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F1(5)

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F1(6)

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F1334 The President and members of the panels.

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F1335 Remuneration and expenses.

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336 Tribunal procedure.

(1)

Regulations F8made by the Welsh Ministers may make provision about the proceedings of the F9... Tribunal on an appeal under this Part and the initiation of such an appeal.

(2)

The regulations may, in particular, include provision—

(a)

as to the period within which, and the manner in which, appeals are to be instituted,

(b)

where the jurisdiction of the F10... Tribunal is being exercised by more than one tribunal—

(i)

for determining by which tribunal any appeal is to be heard, and

(ii)

for the transfer of proceedings from one tribunal to another,

(c)

for enabling any functions which relate to matters preliminary or incidental to an appeal to be performed by the President, or by the chairman,

F11(d)

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(e)

for hearings to be conducted in the absence of any member other than the chairman,

(f)

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

(g)

for granting any person such F12disclosure or inspection of documents or right to further particulars as might be granted by F13the county court,

(h)

requiring persons to attend to give evidence and produce documents,

(i)

for authorising the administration of oaths to witnesses,

(j)

for the determination of appeals without a hearing in F14circumstances prescribed in the regulations,

(k)

as to the withdrawal of appeals,

(l)

for the award of costs or expenses,

(m)

for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court),

(n)

for the registration and proof of decisions and orders, F15and

(o)

for enabling the F16... Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.

F17(p)

enabling the F18... Tribunal to stay proceedings on an appeal, and

(q)

for adding and substituting parties.

F19(2A)

Proceeding before the F20... Tribunal shall be held in private, except in F21circumstances prescribed in the regulations.

F22(3)

The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the F23... Tribunal as the Welsh Ministers may determine.

(4)

Part I of the M1Arbitration Act 1996 shall not apply to any proceedings before the F24... Tribunal but regulations F25made by the Welsh Ministers may make provision corresponding to any provision of F26that Part.

F27(4A)

F28Regulations made under subsection (1) may make provision for an appeal under this Part to be heard, in F29circumstances prescribed in the regulations, with a F30claim in relation to a contravention of Chapter 1 of Part 6 of the Equality Act 2010 so far as relating to disability..

(5)

Any person who without reasonable excuse fails to comply with—

(a)

any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (2)(g), or

(b)

any requirement imposed by the regulations by virtue of subsection (2)(h),

is guilty of an offence.

F31(5A)

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(6)

A person guilty of an offence under subsection (5) F32... is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

F34F33336ZA Special Educational Needs Tribunal for Wales

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F35336ZB.Appeals from the F36... Tribunal to the Upper Tribunal

(1)

A party to any proceedings under this Part before the F37... Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the F37... Tribunal in those proceedings.

(2)

An appeal may be brought under subsection (1) only if, on an application made by the party concerned, the F38... Tribunal or the Upper Tribunal has given its permission for the appeal to be brought.

(3)

Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the F39... Tribunal.

F40336A Compliance with orders

(1)

If the Tribunal makes an order, the F41local authority concerned must comply with the order before the end of the prescribed period beginning with the date on which it is made.

F42(2)

In subsection (1), “prescribed” means prescribed by regulations made F43by the Welsh Ministers with the agreement of the Secretary of State.

F44(a)

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F45(b)

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