Regulation 10 Period within which proceedings must be commencedI1

England and Wales

(1)

An appeal to the Tribunal must—

(a)

be made in writing in accordance with these Regulations, and

(b)

be received by the Tribunal no later than the first working day after the expiry of 8 weeks beginning with the date when—

(i)

the notice of the decision of the local authority, or FEI governing body, and

(ii)

the right to appeal under Part 2 of the 2018 Act against the decision,

was given.

(2)

If in relation to an appeal or prospective appeal, the dispute concerned is referred for dispute resolution under section 68 of the 2018 Act before the end of the period specified in paragraph (1)(b) the period allowed by that paragraph is extended by 8 weeks.

(3)

A claim to the Tribunal must—

(a)

be made in writing in accordance with these Regulations, and

(b)

be received by the Tribunal no later than the first working day after the end of the period stated in paragraph 4(1) of Schedule 17 to the 2010 Act^f1.

(4)

If in relation to a claim or prospective claim, the dispute concerned is referred for dispute resolution under paragraph 6C of Schedule 17 to the 2010 Act before the end of the period specified in paragraph (3)(b) the period allowed by that paragraph is extended in accordance with paragraph 4(2A) of Schedule 17 to the 2010 Act.

(5)

Subject to regulation 14, the Tribunal may not consider—

(a)

an appeal application, unless proceedings are commenced in accordance with paragraph (1);

(b)

a claim application, unless proceedings are commenced in accordance with paragraph (3).

Annotations

Commencement

I1: Reg. 10 in force at 1.9.2021, see reg. 1

Footnotes

f1: Paragraph 4(1) of Schedule 17 to the Equality Act 2010 stipulates the period in which a claim must be made to the Tribunal.