4. The following regulation shall be inserted in the 2002 Regulations after regulation 7—
7A Where it falls to—
(a)the head teacher, in exercise of the power conferred by section 52(1) of the 2002 Act,
(b)the governing body, in exercise of functions under regulation 5, or
(c)an appeal panel constituted in accordance with paragraph 2 of the Schedule, in exercise of functions under regulation 6,
to establish any fact, any question as to whether that fact is established shall be decided on a balance of probabilities.”