Paragraph 1 Arrangements made by a local education authority

(1)

Where the arrangements are those specified in regulation 3(a), an appeal panel is to consist of three or five members appointed by a local education authority from —

(a)

persons who are eligible to be lay members; and

(b)

persons who have experience in education or who are acquainted with educational conditions in the area of the authority; or

(c)

persons who are parents of registered pupils at a school.

(2)

Of the members of an appeal panel —

(a)

at least one must be a person who is eligible to be a lay member and is appointed as such; and

(b)

at least one must be a person falling within sub-paragraph (1)(b) or (1)(c).

(3)

The local education authority must appoint one member of the panel to act as chair.

(4)

For the purposes of this paragraph a person is eligible to be a lay member if he or she is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity).

(5)

Sufficient persons may be appointed by the authority under this paragraph to enable two or more appeal panels to sit at the same time.

(6)

No person is to be a member of an appeal panel if he or she is disqualified by virtue of sub-paragraph (7).

(7)

The following persons are disqualified from membership of an appeal panel —

(a)

any member of the authority or governing body of the school in question;

(b)

any person employed by the authority or the governing body or governing bodies, other than a person employed as a teacher;

(c)

any person who has, or at any time has had, any connection with —

(i)

the authority or the school, or

(ii)

any person within paragraph (b)

of a kind which might reasonably be taken to raise doubts about his or her ability to act impartially in relation to the authority or the school.

(8)

A person employed as a teacher by the authority is not to be taken, by reason only of that employment, to have such a connection with the authority as is mentioned in sub-paragraph (7)(c).

(9)

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

(10)

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

(11)

Where, at any time after an appeal panel has begun to consider an appeal, any of the members —

(a)

dies; or

(b)

becomes unable through illness to continue as a member; or

(c)

becomes unable to continue as a member because doubts may reasonably be raised about his or her ability to act impartially,

the panel may continue with their consideration and determination of the appeal so long as the number of remaining members is not less than three and the requirements of sub-paragraph (2) above are satisfied.