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 and Inspections Act 2006], 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) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 32; S.I. 2007/935, art. 7(o)

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

[F2 [F3 (a) section 149 of the Equality Act 2010,]

(b) Parts 3 and 6 of the Equality Act 2010,]

are owed by any [F4 local authority] or governing body which will be affected by the decision.

Textual Amendments

F2 Sch. 5 para. 6(a)(b) substituted for Sch. 5 paras. (6)(a)-(c) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5 (see S.I. 2010/2317, art. 2))

F3 Sch. 5 para. 6(a) substituted (5.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 5

F4 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))