Paragraph 1

England and Wales

(1)

An appeal pursuant to arrangements made by a local education authority under section 7(1) of this Act shall be to an appeal committee constituted in accordance with this paragraph.

F1(2)

An appeal committee shall consist of—

(a)

one person nominated by the authority from among persons who are eligible to be lay members; and

(b)

two, four or six other members nominated by the authority from among persons appointed by the authority under this paragraph.

(2A)

The authority shall not nominate a person under sub-paragraph (2)(a) above if he could be appointed by them under sub-paragraph (3)(a) below or is employed by them.

(2B)

Sufficient persons may be appointed by the authority to enable two or more committees to sit at the same time.

(3)

The persons appointed F2by the authority shall comprise—

(a)

members of the authority F3. . .; and

(b)

persons who are not members of the authority . . . but who have experience in education, are acquainted with the educational conditions in the area of the authority or are parents of registered pupils at a school;

but shall not include any person employed by the authority otherwise than as a teacher.

(4)

The members of an appeal committee who are members of the authority . . . shall not outnumber the others F4. . .

F5(5)

A person who is a member of the authority or employed by the authority shall not be chairman of an appeal committee.

(6)

A person shall not be a member of an appeal committee for the consideration of any appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

(7)

A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

Annotations

Textual amendments

F1: Sch. 2 para 1(2)(2A)(2B) substituted (1.1.1994) for para. 1(2) by 1993 c. 35, s. 307, Sch. 16 para. 2(1) (with s. 266, Sch. 20 para. 6);S.I. 1993/3106, art. 4, Sch. 1
F2: Words in Sch. 2 para. 1(3) inserted (1.1.1994) by 1993 c. 35, s. 307, Sch. 16 para. 2(2) (with 266, Sch. 20 para. 6);S.I. 1993/3106, art. 4, Sch. 1
F3: Words in Sch. 2 para. 1(3)(4) repealed (1.4.1994) by 1993 c. 35, ss. 307(1)(3), Sch. 19 para. 81, Sch. 21, Pt.II; S.I. 1994/507, art. 4, Sch. 2,Appendix
F4: Words in Sch. 2 para. 1(4) repealed by 1993 c. 35, ss. 266, 307(3), Sch. 16 para. 2(3), Sch. 21 Pt. II (with s. 307, Sch. 20, para. 6); (Sch. 16 of that Act, by virtue of which the specified words were omitted, was brought into force on 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; the repeal of the specified words was expressed to be brought into force on 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2
F5: Sch. 2 para. 1(5) substituted (1.1.1994) by 1993 c. 35, s. 307, Sch. 16 para. 2(4)(with s. 266, Sch. 20 para. 6);S.I. 1993/3106, art. 4, Sch. 1

Notes on Schedule 2

Textual amendments

F1: Sch. 2 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

Notes on Part I

Modifications

C1: Sch. 2 Pt. I applied with modifications by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 26(4), Sch. 3 para. 4