Regulation 2 InterpretationI1

In these Regulations, unless the context otherwise requires—

• “the 1996 Act” (“Deddf 1996”) means the Education Act 1996;

• “the 2010 Act” (“Deddf 2010”) means the Equality Act 2010;

• “appeal” (“apêl”) means—

  1. (a)

     subject to sub-paragraph (b), an appeal to the Tribunal under Part 4 of, and Schedule 27 to, the 1996 Act against a local authority decision;

  2. (b)

     in regulations 58 to 60, an appeal to the Upper Tribunal against the tribunal panel’s decision.

• “appellant” (“apelydd”) means a person entitled to appeal to the Tribunal under Part 4 of the 1996 Act or under regulations made under section 17(1) and (2) of the Education (Wales) Measure 2009^f1;

• “appropriate person” (“person priodol”) has the meaning given by paragraph 4(3) of Schedule 27 to the 1996 Act;

• “authority” (“awdurdod”) means an authority other than the local authority that made the disputed decision;

• “case friend” (“cyfaill achos”) means a person who submits a declaration of suitability to the Tribunal in accordance with regulation 66, to exercise the child’s right of appeal or claim on behalf of the child;

• “case statement” (“datganiad achos”) means the statement of case submitted in accordance with regulation 20 or 21;

• “case statement period” (“cyfnod datganiad achos”) is the period specified in regulation 19;

• “Chair” (“Cadeirydd”) means a person appointed under section 333(2) of the 1996 Act to the Chairmen’s panel;

• “child” (“plentyn”) means the person who is the subject of the appeal or claim;

• “claim” (“hawliad”) means a claim under Chapter 1 of Part 6 of, and Schedule 17 to, the 2010 Act for disability discrimination;

• “claimant” (“hawlydd”) means a person entitled to make a claim to the Tribunal under Chapter 1 of Part 6 of, and Schedule 17 to, the 2010 Act or, under regulations made under section 17(1) and (2) of the Education (Wales) Measure 2009;

• “clerk to the tribunal panel” (“clerc i'r panel tribiwnlys”) means the person appointed by the Secretary of the Tribunal to act in that capacity at one or more hearings;

• “disputed decision” (“penderfyniad a herir”) means the decision or act or failure to decide or act in respect of which the appeal or claim is brought;

• “document” (“dogfen”) means anything in which information of any description is recorded;

• “education panel” (“panel addysg”) means the persons appointed by the Welsh Ministers under section 333(2)(c) of the 1996 Act to the lay panel of the Tribunal;

• “electronic signature” (“llofnod electronig”) has the meaning given to it by section 7 of the Electronic Communications Act 2000^f2;

• “email address” (“cyfeiriad e-bost”) means the person’s electronic mail address;

• “evidence” (“tystiolaeth”) includes material of any description recorded in any form;

• “First-tier Tribunal” (“Tribiwnlys Haen Gyntaf”) means the tribunal established under section 3 of the Tribunals, Courts and Enforcement Act 2007, that has jurisdiction in England over appeals and claims;

• “hearing” (“gwrandawiad”) means a hearing before the President, a Chair or the tribunal panel for the purpose of enabling the President, a Chair or the tribunal panel to reach a decision on an appeal or claim or any question or matter at which the parties are entitled to attend and be heard and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

• “local authority” (“awdurdod lleol”) means the local authority in Wales that made the disputed decision;

• “maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school, a community or foundation special school or a nursery school maintained by a local authority that may or may not have made the disputed decision;

• “observer” (“sylwedydd”) means a person who may attend a hearing for the purpose of observing the hearing but who must not participate in the hearing, or make any notes of the hearing or make any recording of the hearing by photographic means, or by sound means or by any other means;

• “oral representations” (“sylwadau llafar”) includes evidence which by reason of an impairment of speech or hearing, a person gives using sign language;

• “parent” (“rhiant”) means a parent for the purposes of section 576 of the 1996 Act^f3;

• “party” (“parti”) means—

  1. (a)

     in an appeal, the appellant or the local authority; and

  2. (b)

     in a claim, the claimant or the responsible body;

• “President” (“Llywydd”) means the President of the Tribunal appointed under section 333(2)(a) of the 1996 Act;

• “Register” (“Cofrestr”) means the register required to be kept under regulation 75;

• “responsible body” (“corff cyfrifol”) has the meaning given by section 85(9) of the 2010 Act^f4;

• “Secretary of the Tribunal” (“Ysgrifennydd y Tribiwnlys”) means the person who for the time being acts as the Secretary of the office of the Tribunal;

• “statement” (“datganiad”) means the statement of special educational needs relating to the child made under section 324 of the 1996 Act;

• “Tribunal” (“Tribiwnlys”) means Tribiwnlys Anghenion Addysgol Arbennig Cymru or the Special Educational Needs Tribunal for Wales^f5;

• “tribunal panel” (“panel tribiwnlys”) means a panel of the Tribunal who may dispose of an appeal or claim or any question or matter in relation to an appeal or claim;

• “Upper Tribunal” (“Uwch Dribiwnlys”) means the appellate tribunal established under section 3 of the Tribunals, Courts and Enforcement Act 2007 ^f6;

• “witness summons” (“gwŷs tyst”) means a document issued by the President or the tribunal panel requiring a witness to attend at a hearing of an appeal or claim to give evidence or produce documents in relation to an appeal or claim to the Tribunal;

• “working day” (“diwrnod gwaith”) means any day other than—

  1. (c)

     a Saturday;

  2. (d)

     a Sunday;

  3. (e)

     any day from 25 December to 1 January inclusive;

  4. (f)

     Good Friday;

  5. (g)

     the first Monday in May;

  6. (h)

     any day in August; or

  7. (i)

     a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971^f7.