Part IV Special educational needs

Chapter I Children with special educational needs

Special Educational Needs Tribunal

C1336 Tribunal procedure.

1

Regulations F6made by the Welsh Ministers may make provision about the proceedings of the F7Welsh 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 F8Welsh 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,

F1d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F2disclosure or inspection of documents or right to further particulars as might be granted by a 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 F10circumstances 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, and

o

for enabling the F9Welsh Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.

F32A

Proceeding before the F11Welsh Tribunal shall be held in private, except in F12circumstances prescribed in the regulations .

F133

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

4

Part I of the M1Arbitration Act 1996 shall not apply to any proceedings before the F14Welsh Tribunal but regulations F15made by the Welsh Ministers may make provision corresponding to any provision of F4that Part.

F54A

F16Regulations made under subsection (1) may make provision for an appeal under this Part to be heard, in F17circumstances prescribed in the regulations , with a F20claim 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.

F185A

Any person who without reasonable excuse fails to comply with any requirement which—

a

is imposed by Tribunal Procedure Rules in relation to appeals under this Part made to the First-Tier Tribunal, and

b

corresponds to a requirement mentioned in subsection (5)(a) or (b),

is guilty of an offence.

6

A person guilty of an offence under subsection (5) F19or (5A) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.