SCHEDULES
C1 SCHEDULE 17Disabled pupils: enforcement
Part 2Tribunals in England and Wales
Procedure
I16
1
This paragraph applies in relation to the Welsh Tribunal.
2
The Welsh Ministers may by regulations make provision as to—
a
the proceedings on a claim under paragraph 3 F1or 3A;
b
the making of a claim.
3
The regulations may, in particular, include provision—
a
as to the manner in which a claim must be made;
b
for enabling functions relating to preliminary or incidental matters (including in particular a decision under paragraph 4(3) to be performed by the President or by the person occupying the chair);
c
enabling hearings to be conducted in the absence of a member other than the person occupying the chair;
F2ca
for adding and substituting parties;
d
as to persons who may appear on behalf of the parties;
e
for granting such rights to disclosure or inspection of documents or to further particulars as may be granted by the county court;
f
requiring persons to attend to give evidence and produce documents;
g
for authorising the administration of oaths to witnesses;
h
for deciding claims without a hearing in prescribed circumstances;
i
as to the withdrawal of claims;
j
for enabling the Tribunal to stay proceedings;
k
for the award of costs or expenses;
l
for settling costs or expenses (and, in particular, for enabling costs to be assessed in the county court);
m
for the registration and proof of decisions and orders;
n
for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be decided in accordance with the regulations.
4
Proceedings must be held in private, except in prescribed circumstances.
5
The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as they may decide.
6
Part 1 of the Arbitration Act 1996 does not apply to the proceedings, but regulations may make provision in relation to such proceedings that corresponds to a provision of that Part.
7
The regulations may make provision for a claim to be heard, in prescribed circumstances, with an appeal under Part 4 of the Education Act 1996 (special educational needs).
8
A person commits an offence by failing to comply with—
a
a requirement in respect of the disclosure or inspection of documents imposed by virtue of sub-paragraph (3)(e), or
b
a requirement imposed by virtue of sub-paragraph (3)(f).
9
A person guilty of the offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Sch. 17: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g)