{
  "url": "https://openlegislation.uk/education-tribunal-for-wales-regulations-2021/regulation-55",
  "json_url": "https://openlegislation.uk/education-tribunal-for-wales-regulations-2021/regulation-55.json",
  "legislation": "wsi/2021/406",
  "legislation_title": "The Education Tribunal for Wales Regulations 2021",
  "legislation_url": "https://openlegislation.uk/education-tribunal-for-wales-regulations-2021",
  "path": "regulation/55",
  "kind": "regulation",
  "number": "55",
  "heading": "Application for permission to appeal to the Upper Tribunal",
  "text": "(1) A party seeking permission to appeal on a point of law under section 81 of the 2018 Act or paragraph 6AA of Schedule 17 to the 2010 Act (appeals from the Education Tribunal for Wales to the Upper Tribunal) must make a written application to the Education Tribunal for permission to appeal.\n(2) An application under paragraph (1) must be sent to the Secretary of the Tribunal no later than 28 days after the latest of the dates that the Secretary of the Tribunal sent to the party making the application—\n(a) notification of the decision,\n(b) notification that an application for the decision to be reviewed has been unsuccessful, or\n(c) notification that the decision has been varied following a review.\n(3) An application under paragraph (1) must—\n(a) identify the decision to which it relates,\n(b) identify the alleged error or errors of law in the decision, and\n(c) state the result the party making the application is seeking.\n(4) The President or Chair may give directions in relation to the determination of the application, and may make its decision on the application with or without a hearing.\n(5) On receiving an application for permission to appeal to the Upper Tribunal the President or the Chair of the tribunal panel which decided the case must first consider, taking into account the overriding objective in regulation 4, whether to review the Tribunal’s decision in accordance with regulation 53 unless the President or the Chair have already reviewed the decision or decided not to review the decision.\n(6) If the President or the Chair decides not to review the decision, or reviews the decision and decides to take no action in relation to the decision, or part of it, the President or the Chair must then consider whether to give permission to appeal in relation to the decision or that part of it.\n(7) The Secretary of the Tribunal must send written notification of the President or Chair’s decision on the application to the parties as soon as practicable including details of any decision to give permission to appeal made under paragraph (6).\n(8) If the President or Chair has refused the application the notification under paragraph (7) must also include—\n(a) the reasons for such refusal, and\n(b) notification of the right to make an application to the Upper Tribunal for permission to appeal and the time within which, and the method by which, such application must be made.\n(9) The President or Chair may give permission to appeal on limited grounds, but must comply with paragraph (8) in relation to any grounds on which it has refused permission.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 55 in force at 1.9.2021, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2021/406/regulation/55",
    "retrieved_at": "2026-10-28T23:11:54.573062+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}