School Standards and Framework Act 1998

Procedure U.K.

5 (1) Regulations may make provision as to the procedure to be followed in connection with the reference, under this Part or Part III of this Act [F1 or under Part 2 of the Education Act 2005], of matters to adjudicators and their determination of matters so referred. E+W

(2) The regulations may, in particular, make provision—

(a) as to the manner in which matters may be referred to adjudicators;

(b) for determining the adjudicators to which individual referrals are to be made;

(c) authorising adjudicators to hold local inquiries;

(d) as to the procedure to be followed where local inquiries are held by adjudicators (whether by virtue of paragraph (c) or otherwise);

(e) authorising adjudicators to appoint assessors to sit with them at such inquiries to advise them on matters arising;

(f) requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.

(3) Subject to any provision made by the regulations, an adjudicator may regulate his own procedure.

(4) The Secretary of State may make orders—

(a) as to the costs of the parties at any local inquiry held by an adjudicator (whether by virtue of sub-paragraph (2)(c) or otherwise), and

(b) as to the parties by whom the costs are to be paid;

and any costs payable under any such order shall be subject to taxation in such manner as the Secretary of State may direct.

Textual Amendments

F1 Words in Sch. 5 para. 5(1) inserted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 12; S.I. 2006/2129, art. 4

6 E+W When taking any decision an adjudicator shall have regard (so far as relevant) to the obligations which, by virtue of—

(a) Part III of the M1 Sex Discrimination Act 1975,F2 . . .

(b) Part III [F3 or section 71]of the M2 Race Relations Act 1976, [F4 or

(c) Chapter 1 of Part 4 of the Disability Discrimination Act 1995,]

are owed by any local education authority or governing body which will be affected by the decision.

Textual Amendments

F2 Word in Sch. 5 para. 6(a) repealed (1.9.2002) by 2001 c. 10, ss. 42(1)(6), 43(3), Sch. 8 Pt. 2 para. 23(3)(a), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F3 Words in Sch. 5 para. 6(b) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 31 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F4 Sch. 5 para. 6(c) and the preceding word "or" inserted (1.9.2002) by 2001 c. 10, ss. 42(1)(6), 43(3), Sch. 8 Pt. 2 para. 23(3)(b), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Marginal Citations

M1 1975 c. 65.

M2 1976 c. 74.