Regulation 3 Appointment of clerks and mandatory training for members and clerks of appeal panels

After paragraph 2(7)(d) of the Schedule to the 2002 Regulations insert—

“(e)

any person who does not satisfy the training requirements of paragraph 2B.”.

Insert the following paragraphs in the 2002 Regulations after paragraph 2 of the Schedule—

“Clerks to appeal panels

2A.

(1)

A local education authority may appoint a clerk to assist the members of an appeal panel.

(2)

No person shall serve as a clerk to an appeal panel unless he satisfies the training requirements of paragraph 2B.

Training requirements for clerks and members

2B.

(1)

A person shall have satisfied the training requirements referred to in paragraph 2(7)(e) or 2A(2) if—

(a)

subject to sub-paragraph (2), within the year immediately preceding the coming into force of these Regulations he has served, as the case may be, as a member of or clerk to an appeal panel; or

(b)

he has within the last two years been given sufficient training and received such information and instruction as is suitable and sufficient for him to know—

(i)

the requirements of these Regulations;

(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^f1;

(v)

the duties of the appeal panel under the Disability Discrimination Act 1995^f2;

(vi)

the duties the appeal panel may have under Part 4 of the Equality Act 2006^f3;

(vii)

the effect of section 6 of the Human Rights Act 1998^f4 (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 6th September 2008.

(3)

Any local education authority who are required to make arrangements under regulation 6(1) shall provide the training, information and instruction referred to in sub-paragraph (1)(b) as necessary and without cost to the persons trained.”