# The Additional Learning Needs (List of Independent Special Post-16 Institutions) (Wales) Regulations 2020, Regulation 11: Right of appeal


(1) The proprietor of an ISPI may appeal to the First Tier Tribunal against a decision—
(a) to refuse to list an ISPI;
(b) to remove an ISPI from the list;
(c) not to approve arrangements at the ISPI;
(d) not to approve a change to arrangements at the ISPI.
(2) An appeal must be made within the period of 28 days beginning with the day on which notice of the decision to refuse, to remove, or not to approve is served on the proprietor (“the appeal period”).
(3) Where an appeal is made against a decision to remove an ISPI from the list—
(a) if the appeal is withdrawn or otherwise disposed of before it is determined by the tribunal under regulation 12, the Welsh Ministers may remove the ISPI from the list on such date after the appeal period as they may determine, and
(b) in any other case, the Welsh Ministers may only remove the ISPI pursuant to the determination made by the tribunal under regulation 12.
(4) In the case of an appeal against a decision to remove an ISPI from the list, if at any time the tribunal considers that there is a risk of serious harm occurring to the welfare of persons before the determination of the appeal, it may by order provide that the ISPI is to be regarded as not included in the list for the purposes of section 56(3) of the Act until the tribunal determines the appeal under regulation 12 (or revokes the order before so determining the appeal).

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Source: https://www.legislation.gov.uk/wsi/2020/1367/regulation/11 (the official version)
Page: https://openlegislation.uk/additional-learning-needs-list-of-independent-special-post-16-institutions-wales-regulations-2020/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.