The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2008

Training requirements for clerks and members

4.—(1) A person satisfies the training requirements referred to in paragraph 2(7)(e) or 3(2) if—

(a) subject to sub-paragraph (2), the person has served, as the case may be, as a member of or clerk to an appeal panel since 6th September 2005; or

(b) the person has, within the last two years, been given sufficient training and received such information and instruction as is suitable and sufficient to know—

(i) the requirements of these Regulations, or, where appropriate, the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2002;

(ii) the role of the chair of an appeal panel;

(iii) the role of the clerk to an appeal panel;

(iv) the duties of the appeal panel under the Race Relations Act 1976(1);

(v) the duties of the appeal panel under the Disability Discrimination Act 1995(2);

(vi) the duties the appeal panel may have under Part 4 of the Equality Act 2006(3);

(vii) the effect of section 6 of the Human Rights Act 1998(4) (acts of public authorities unlawful if not compatible with certain human rights) and the need to act compatibly with human rights protected by that Act; and

(viii) the need for the appeal panel to observe procedural fairness and the rules of natural justice.

(2) Sub-paragraph (1)(a) shall cease to have effect from 1st January 2009.

(3) Any local education authority who are required to make arrangements under regulation 7(1) shall provide the training, information and instruction referred to in sub-paragraph (1)(b) as necessary and without cost to the persons trained.

(4) In sub-paragraph (1)(a) the reference to an appeal panel includes an appeal panel constituted in accordance with the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2002.

(1)

1976 c. 74.

(2)

1995 c. 50.

(3)

2006 c. 3.

(4)

1998 c. 42.