Education Act 2005

Section 27

SCHEDULE 3E+WRegistration of inspectors in Wales: tribunals hearing appeals under section 27

Constitution of tribunalsE+W

1(1)A tribunal constituted to hear an appeal under section 27 (“a tribunal”) is to consist of—E+W

(a)a chairman appointed by the [F1Lord Chief Justice after consulting the Lord Chancellor] , and

(b)two other members appointed by the Assembly.

(2)To be qualified for appointment as chairman of a tribunal, a person must have a 7 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)).

(3)A person may not be appointed after the day on which he attains the age of 70 to be the chairman of a tribunal.

[F2(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.]

Procedure of tribunalsE+W

2(1)The Assembly may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, tribunals.E+W

(2)The regulations may, in particular, make provision—

(a)as to the period within which, and manner in which, appeals must be brought,

(b)for the holding of hearings in private in prescribed circumstances,

(c)as to the persons who may appear on behalf of the parties,

(d)for enabling hearings to be conducted even though a member of the tribunal, other than the chairman, is absent,

(e)as to the disclosure by the appellant, and others, of documents and the inspection of documents,

(f)requiring persons to attend the proceedings and give evidence,

(g)as to the payment of expenses incurred by persons compelled to attend proceedings by regulations made by virtue of paragraph (f),

(h)authorising the administration of oaths to witnesses,

(i)as to the withdrawal of appeals,

(j)as to costs and expenses incurred by any party to the proceedings, and

(k)authorising preliminary or incidental matters in relation to an appeal to be dealt with by the chairman of the tribunal hearing that appeal.

StaffE+W

3E+WThe Assembly may make such provision as the Assembly thinks fit for—

(a)the allocation of staff for any tribunal,

(b)the remuneration of members of tribunals and the reimbursement of their expenses,

(c)defraying any reasonable expenses incurred by any tribunal.