Part VI MISCELLANEOUS

Appeal committees

266 Lay members for admission appeal committees.

Schedule 16 to this Act (introduction of lay members into certain committees hearing appeals against admission decisions) shall have effect.

267 Duty to advertise for lay members for appeal committees.

1

This section applies—

a

in the case of an appeal committee constituted in accordance with Part I of Schedule 2 to the M2Education Act 1980, to the local education authority or governing body of an aided or special agreement school required by section 7 of that Act or section 26 of the M3Education (No. 2) Act 1986 to make arrangements for enabling appeals to be made to that committee, and

b

in the case of an appeal committee constituted for the purposes of paragraph 5(1) of Schedule 6 to this Act, to the governing body of a grant-maintained school required by the articles of government for the school to make arrangements for appeals to that committee.

2

The Secretary of State may by regulations require any local education authority or governing body to which this section applies—

a

to advertise, in such manner and at such times as may be prescribed, for persons eligible to be lay members of any appeal committee required to be constituted for the purposes of arrangements made by that authority or body to apply to the authority or body for appointment as such members, and

b

in appointing persons as such members, to consider any persons eligible to be so appointed who have applied to the authority or body in response to an advertisement placed in pursuance of paragraph (a) above.

C1268 Indemnity for legal costs and expenses of members of appeal committees.

1

This section applies—

a

in the case of an appeal committee constituted in accordance with Part I of Schedule 2 to the M4Education Act 1980, to the local education authority or governing body of an aided or special agreement school required by section 7 of that Act or section 26 of the M5Education (No. 2) Act 1986 to make arrangements for enabling appeals to be made to that committee, and

C2b

in the case of an appeal committee constituted for the purposes of paragraph 5(1) of Schedule 6 to this Act, to the governing body of a grant-maintained school required by the articles of government for the school to make arrangements for appeals to that committee.

2

It shall be the duty of any local education authority or governing body to which this section applies to indemnify the members of any appeal committee required to be constituted for the purposes of arrangements made by that authority or body against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that committee.

I1269 Investigation by Local Commissioner of decisions of certain appeal committees.

In section 25(5) of the M1Local Government Act 1974 (certain appeal committees to be subject to investigation by Local Commissioner)—

a

for “paragraph 1” there is substituted “ paragraphs 1 and 2 ”, and

b

at the end there is added “ or for the purposes of paragraph 5 of Schedule 6 to the Education Act 1993 ”.