SCHEDULE 26 Inspection of nursery education
Registration of nursery education inspectors for Wales
10
(1)
Any person who is aggrieved by—
(a)
the refusal of the Chief Inspector F1for Wales 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.
F2(1A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(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 27 of the Education Act 2005; and paragraph 2 (procedure) and paragraph 3 (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 F4for Wales—
(a)
is satisfied that the circumstances of the case 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 F4for Wales with directions as to the action to be taken by him.