The Special Educational Needs Tribunal for Wales Regulations 2012
W.S.I. 2012/322 · Made 8 February 2012 · Extends to England and Wales
EDUCATION, WALES
Made 8 February 2012
Laid before the National Assembly for Wales 13 February 2012
Coming into force 6 March 2012
The Welsh Ministers, in exercise of the powers conferred on them by sections 326A(4) and (6), 332ZC(1) and (3), 333(5), 334(2), 336(1),(2), (2A) and (4A), 336A and 569(4) and (5) of the Education Act 1996f1 and section 207(4) and paragraphs 6Af2, 6(1), (2), (3), (4), (5), and (7) of Schedule 17 to the Equality Act 2010f3 and after consulting the Administrative Justice and Tribunals Council in accordance with paragraph 24(1) of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007f4, make the following Regulations.
The Secretary of State has consented to the making of the Regulations in so far as the Secretary of State’s consent is required by sections 333(5), 334(2) and 336A(2)(b) of the Education Act 1996.
Annotations to the whole text
Footnotes
- f1
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1996 c. 56. Section 326A was inserted by section 5 of the Special Education Needs and Disability Act 2001 (c. 10). Subsection (6) of that section was substituted by paragraphs 1 and 3 of Schedule 18 to the Education Act 2002 (c. 32). Subsection (6)(b) was amended by paragraphs 127 and 129(b) of Schedule 3 to the Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833) and further amended by paragraph 7(1) and (2) of Schedule 2 to S.I. 2010/1158. Section 332ZC(1) was inserted by section 3 of the Education (Wales) Measure 2009 (2009 nawm 5) and amended by S.I 2010/1148. Section 333(5) was amended by paragraphs 127, 130(d) and 130(f) of Schedule 3 to S.I. 2008/2833. Section 334(2) was amended by paragraphs 127 and 131(a) of Schedule 3 to S.I. 2008/2833. Section 336(1) was amended by paragraphs 127, 133(a)(i) and 133(a)(ii) of Schedule 3 to S.I. 2008/2833. Section 336(2) was amended by Schedules 8 and 9 to the Special Educational Needs and Disability Act 2001, and further amended by S.I. 2008/2833 and section 7 of the Education (Wales) Measure 2009. Section 336(2A) was inserted by section 42(1) of, and Schedule 8 to, the Special Education Needs and Disability Act 2001 and amended by S.I. 2008/2833. Section 336(4A) was inserted by section 42(1) of, and Schedule 8 to, the Special Education Needs and Disability Act 2001 and amended by S.I. 2008/2833 and S.I. 2010/2279. Section 336A was inserted by section 4 of the Special Educational Needs and Disability Act 2001. Subsection (1) of that section was amended by S.I 2010/1158. Subsection (2) was substituted by paragraphs 1 and 6 of Schedule 18 to the Education Act 2002 and subsection (2)(b) amended by paragraphs 127 and 136(b) of Schedule 3 to S.I. 2008/2833. Section 569(4) was amended by section 8 of the Education (Wales) Measure 2009.
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Paragraph 6A was inserted into Schedule 17 to the Equality Act 2010 by S.I.2011/1651.
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Contents
- Part A: GENERAL
- 1Title, commencement and application
- 2Interpretation
- 3Appeals and claims on or after 6 March 2012
- 4Revocations and savings
- 5Transitional provisions
- 6The overriding objective
- 7Parties' obligation to co-operate
- 8Alternative dispute resolution
- Constitution of Tribunal
- 9Education panel members
- 10Establishment of tribunal panels
- 11Membership of tribunal panel
- Part B: SPECIAL EDUCATIONAL NEEDS APPEALS AND DISABILITY CLAIMS
- Chapter: COMMENCING PROCEEDINGS
- Making an appeal or claim
- 12Period within which proceedings must be commenced
- 13Appeal application
- 14Claim application
- 15Action by the Secretary of the Tribunal
- 16Appeal or claim made out of time
- 17Sufficiency of reasons
- 18Appellant’s or claimant’s representatives
- Chapter: Case preparation before the hearing
- Case statements and supplementary provision
- 19Case statement period
- 20Appellant’s or claimant’s case statement and evidence
- 21Local authority’s or responsible body’s case statement and evidence
- 22Change of local authority’s or responsible body’s representative
- 23Change of local authority in an appeal
- 24Copy documents for parties
- 25Failure to submit a case statement and absence of opposition
- Tribunal enquiries
- 26Enquiries by the Secretary of the Tribunal
- 27Failure to respond to enquiries made by the Secretary of the Tribunal
- The Tribunal’s management powers
- 28General powers Repealed
- 29Power to strike out the appeal or claim
- 30Order to amend case statement
- 31Evidence and submissions
- 32Directions in preparation for a hearing
- 33Varying or setting aside directions
- 34Particulars and supplementary statements
- 35Disclosure of documents and other material
- 36Failure to comply with directions
- 37Consolidating appeals or claims
- 38Consolidating claims together with appeals
- 39Addition and substitution of parties
- 40Transfer of appeal
- Hearings and decisions
- 41Notice of date, place and time of hearings
- 42Power to determine the appeal or claim without a hearing
- 43Public and private hearings: arrangements and exceptions
- 44Restricted reporting orders
- 45Procedure at hearing
- 46Evidence at hearing
- 47Change of witness
- 48Summoning a witness
- 49Evidence by telephone, video link or other means
- 50Late written evidence
- 51Postponement of hearing
- 52Adjournments and directions
- 53Representation at hearing
- 54Failure to attend hearing
- 55Tribunal panel’s decision
- After the hearing
- 56Application or proposal for review of the Tribunal’s decision
- 57Review of Tribunal’s decision not to extend the period in which proceedings must be commenced
- 58Consideration of an application for permission to appeal to the Upper Tribunal
- 59Power to suspend Tribunal’s decision
- 60Orders of the Upper Tribunal or the Court
- Compliance
- 61Compliance with tribunal panel orders — appeals
- 62Compliance with appellant’s request when a local authority concedes an appeal
- Part C: CASE FRIENDS
- 63Application
- 64Requirement for case friend
- 65Who may be a case friend
- 66How a person becomes a case friend
- 67Steps in proceedings
- 68Removing a case friend
- Part D: MISCELLANEOUS
- 69Extension of time
- 70Withdrawal
- 71Orders for costs and expenses
- 72Power to exercise the functions of the President and Chair
- 73Power to exercise the functions of an education panel member in relation to a review
- 74The Secretary of the Tribunal
- 75Register
- 76Publication
- 77Irregularities
- 78Proof of documents and certification of decisions
- 79Method of sending, submitting or serving notices and documents
- 80Calculating time
- 81Signature of documents
- Signature
- Explanatory note