{
  "url": "https://openlegislation.uk/education-tribunal-for-wales-regulations-2021/regulation-59",
  "json_url": "https://openlegislation.uk/education-tribunal-for-wales-regulations-2021/regulation-59.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/59",
  "kind": "regulation",
  "number": "59",
  "heading": "Applications under section 70(3) of the 2018 Act for a declaration under section 71(2) of the 2018 Act relating to child’s capacity to understand",
  "text": "(1) A child or child’s parent seeking a declaration from the tribunal pursuant to section 71(2) of the 2018 Act must submit an application in writing to the tribunal.\n(2) The application must state—\n(a) the name and address of the person seeking the declaration and, if available, the person’s telephone number and e-mail address;\n(b) the name and date of birth of the child;\n(c) the name and address of the child’s school and the relevant local authority;\n(d) the applicant’s relationship to the child;\n(e) the names and addresses of all persons—\n(i) who have parental responsibility for a child, or\n(ii) who share parental responsibility for a child, or\n(iii) have care of the child,\nor reasons why the names and addresses of such persons are not provided;\n(f) a copy of the governing body’s and local authority’s decisions under section 84 of the 2018 Act relating to the child’s capacity;\n(g) the reason or reasons for making the application;\n(h) supporting evidence of the child’s capacity, or lack of capacity, within the meaning of section 85(1) of the 2018 Act;\n(i) the declaration sought.\n(3) Where it appears to the President or tribunal panel that further information is required before a declaration can be made, the President or tribunal panel may direct the applicant to provide such information.\n(4) The Secretary of the Tribunal must serve notice of any declaration made under section 71(2) of the 2018 Act on the applicant, the governing body, the local authority and, where appropriate, those listed in paragraph (2)(e).\n(5) The Secretary of the Tribunal must record the decision and any declaration in the Register.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 59 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/59",
    "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."
}