Education Act 1996

Changes over time for: Section 336

Version Superseded: 01/09/2014

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Education Act 1996, Section 336 is up to date with all changes known to be in force on or before 08 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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336 Tribunal procedure.E+W

(1)Regulations [F1made by the Welsh Ministers] may make provision about the proceedings of the [F2Welsh] 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 [F3Welsh] 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,

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F5disclosure] or inspection of documents or right to further particulars as might be granted by [F6the 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 [F7circumstances 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, [F8and]

(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.

[F10(p)enabling the Welsh Tribunal to stay proceedings on an appeal, and

(q)for adding and substituting parties.]

[F11(2A)Proceeding before the [F12Welsh] Tribunal shall be held in private, except in [F13circumstances prescribed in the regulations] .]

[F14(3)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 [F15Welsh] Tribunal but regulations [F16made by the Welsh Ministers] may make provision corresponding to any provision of [F17that Part].

[F18(4A)[F19Regulations made under subsection (1)] may make provision for an appeal under this Part to be heard, in [F20circumstances prescribed in the regulations] , with a [F21claim 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.

[F22(5A)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) [F23or (5A)] is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F1Words in s. 336(1) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(a)(i)

F2Word in s. 336(1) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(a)(ii)

F3Word in s. 336(2)(b) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(b)(i)

F4Section 336(2)(d) repealed (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1)(6), 43(4)(e), Sch. 8 para. 13(2)(a), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II