Education Act 1996

Section 476.

SCHEDULE 34 Independent Schools Tribunals

Appointment of legal and educational panels

1 (1) For the purpose of enabling Independent Schools Tribunals to be constituted as occasion may require there shall be two panels.

(2) One of the panels (the “legal panel”) shall consist of persons who will be available to act when required as chairmen of such tribunals and shall be appointed by the Lord Chancellor.

(3) The other panel (the “educational panel”) shall consist of persons who will be available to act when required as members of such tribunals and shall be appointed by the Lord President of the Council.

Qualifications for appointment

2 (1) A person is not qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable.

(2) A person is not qualified to be appointed to the educational panel unless he has had such experience in teaching or in the conduct, management or administration of schools as the Lord President of the Council considers suitable.

(3) A person who is—

(a) an officer of a government department, or

(b) employed by a local education authority otherwise than as a teacher,

is disqualified from being appointed to either panel.

Terms and conditions of appointment

3 (1) Subject (in the case of a member of the legal panel) to sub-paragraph (2), a person appointed to be a member of a panel shall hold office as such subject to such conditions as to the period of his membership and otherwise as may be determined by the Lord Chancellor or the Lord President of the Council, as the case may be.

(2) No appointment of a person to be a member of the legal panel shall be such as to extend beyond the day on which he attains the age of 70; but this sub-paragraph has effect subject to section 26(4) to (6) of the [1993 c. 8.] Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

Constitution of tribunal

4 (1) Where an appeal is required to be determined by an Independent Schools Tribunal, the tribunal shall consist of—

(a) a chairman who is a member of the legal panel, and

(b) two other members who are members of the educational panel.

(2) The chairman and other members of the tribunal shall be impartial persons appointed from those panels by the Lord Chancellor and the Lord President of the Council respectively.

Remuneration

5 The Secretary of State may pay to the members of an Independent Schools Tribunal such remuneration and allowances as he may determine with the consent of the Treasury.