SCHEDULES
SCHEDULE 18Special Educational Needs Tribunal for Wales
I11Special Educational Needs
The Education Act 1996 (c. 56) is amended as follows.
I52
In section 313 (code of practice), for subsection (5) there is substituted—
5
In this Part (except sections 333 to 336), “the Tribunal”, in relation to an appeal, means—
a
where the F3local authority concerned is in England, the Special Educational Needs and Disability Tribunal,
b
where the F3local authority concerned is in Wales, the Special Educational Needs Tribunal for Wales.
I63
In section 326A (unopposed appeals), for subsection (6) there is substituted—
6
In this section, “prescribed” means prescribed by regulations made—
a
in relation to an appeal to the Special Educational Needs and Disability Tribunal, by the Secretary of State,
b
in relation to an appeal to the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales.
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I76
In section 336A, for subsection (2) there is substituted—
2
In subsection (1), “prescribed” means prescribed by regulations made—
a
as to orders of the Special Educational Needs and Disability Tribunal, by the Secretary of State,
b
as to orders of the Special Educational Needs Tribunal for Wales, by the National Assembly for Wales with the agreement of the Secretary of State.
F47Disability Discrimination
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F410
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F411
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F412
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I213
Section 10 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) (consultation on appointments) is not to apply to appointments to the lay panel appointed for the Special Educational Needs Tribunal for Wales under section 333(2) of the Education Act 1996 (c. 56).
I314Consequential amendments
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices) there is inserted in the appropriate place—
President of the Special Educational Needs Tribunal for Wales, or member of a panel of persons appointed to act as chairman or other member of that Tribunal.
I415
In Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (bodies subject to the supervision of the Council), in paragraph 40B—
a
the existing entry becomes sub-paragraph (a), and
b
after that sub-paragraph there is inserted—
b
the Special Educational Needs Tribunal for Wales.
I816
In section 42 of the Special Educational Needs and Disability Act 2001 (c. 10), subsection (2) (National Assembly for Wales and functions under section 336 of the Education Act 1996 (c. 56)) is omitted.
I917Saving and transitional provision
The amendments made by any provision of this Schedule do not affect—
a
appeals instituted under Part 4 of the Education Act 1996, or
b
claims made under section 28I of the Special Educational Needs and Disability Act 2001,
before the coming into force of that provision.
I1018
Regulations made, or having effect as if made, under any of sections 326A and 333 to 336A of the Education Act 1996 in relation to the Special Educational Needs and Disability Tribunal have effect in relation to the Special Educational Needs Tribunal for Wales until superseded by regulations made in relation to that Tribunal, but as if references to the Secretary of State were references to the National Assembly for Wales.