Appendix 1 CONSTITUTION OF APPEAL COMMITTEES
An appeal committee shall consist of—
one person nominated by the Education Association from among persons who are eligible to be lay members, and
two, four or six other members nominated by the Education Association from persons appointed by them in accordance with paragraph 6(1) below.
The Education Association shall not nominate under paragraph 1(a) above a person who falls within paragraph 6(1)(b) below.
In an appeal committee—
three members shall be nominated from among those appointed under paragraph 6(1)(b) below, in the case of a committee consisting of seven members;
two members shall be so nominated, in the case of a committee consisting of five members; and
one member shall be so nominated, in the case of a committee consisting of three members.
Sufficient persons may be appointed by the Education Association to enable two or more committees to sit at the same time.
A person is eligible to be a lay member for the purposes of paragraph 1(a) above if—
he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and
he does not have, and has not at any time had, any connection with—
the School, or
any person who is a member of, or employed by, the Education Association,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the School.
Subject to sub-paragraphs (2) to (4) below, the persons appointed—
may include one or more members of the Education Association, and
shall include persons who have experience in education, are acquainted with the educational conditions in the area or are parents of registered pupils at a school.
Where the School is a special school, sub-paragraph (1)(b) above shall have effect as if, instead of referring to the persons mentioned in that sub-paragraph, it referred to persons who—
have experience in the provision of education for children who have special educational needs (within the meaning of section 156 of the 1993 Act),
are parents of one or more children of compulsory school age who have such needs, or
are acquainted with the conditions in the area relating to the provision of education for children with such needs.
A person shall not be appointed in pursuance of sub-paragraph (1) above, if he is employed as a teacher or otherwise at the school.
A person shall not be appointed in pursuance of sub-paragraph (1)(b) above, if he—
is, or has ever been, a member of the Education Association, or
is a parent of a registered pupil at the School.
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.
Subject to sub-paragraph (2) below, the members of an appeal committee shall appoint a person from among their number to be chairman of the committee.
None of the members of the Education Association may be chairman of an appeal committee.
The members of the appeal committee shall select a person, who is not from among their number, to act as the clerk to the committee; and the Education Association shall appoint any person who has been so selected so to act.
The Education Association shall have power to pay to the members of an appeal committee such travelling, subsistence or other allowances as they may determine.
An appeal pursuant to joint arrangements made by virtue of Article 14(2)—
by the Education Association and another such association shall be to an appeal committee constituted as provided in the preceding paragraphs of this Appendix, taking references to the Education Association as references to both or all the associations;
by the Education Association and the governing body of one or more grant-maintained schools shall be to an appeal committee constituted in accordance with either Appendix 3 to Schedule 1 to the Education (Grant-maintained Schools) (Initial Governing Instruments) Regulations 1993f1, taking references to the Governing Body as references to that Body (or those bodies) and the Education Association, or any succeeding provisions (or provisions having effect by virtue of paragraph 1(2) of Schedule 20 to the 1993 Act) of the instrument of government of the school (or any of the schools) in question; and
by the Education Association and the governing body of one or more grant-maintained special schools to an appeal committee constituted in accordance with either Appendix 3 to Schedule 1 to the Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994f2, taking references to the Governing Body as references to that Body (or those bodies) and the Education Association, or any succeeding provisions of the instrument of government of the school (or any of the schools) in question.