Regulation 43 Change of authority
This regulation applies if, after the date on which the disputed decision is taken, the child becomes the responsibility, within the meaning of section 321(3) of the 1996 Act, of a local education authority (“the new authority”) other than the authority which made the disputed decision (“the old authority”).
On receiving evidence that this regulation applies, the President may order that, for all the purposes of the appeal, the name of the new authority be substituted for the old authority.
The old authority, the new authority and the parent shall have an opportunity to be heard before an order is made under paragraph (2).
When an order is made under paragraph (2)—
the Secretary of the Tribunal shall notify the old authority, the new authority and the parent;
the old authority shall no longer be a party to the appeal;
the new authority shall become a party to the appeal;
these regulations shall apply as if the new authority had made the disputed decision;
the Secretary of the Tribunal shall send to the new authority copies of all the documents and written evidence relating to the appeal duly received by the Tribunal from the parent and from the old authority;
the procedure for determining the appeal shall re-start, and regulation 17 shall apply as if the documents and written evidence sent in accordance with paragraph (e) above were the notice of appeal referred to in regulation 17(1).