The Education Tribunal for Wales Regulations 2021

JurisdictionWales
CitationSI 2021/406 (W132)
  • The title of these Regulations is the Education Tribunal for Wales Regulations 2021 and they come into force on 1 September 2021.
  • (1) In these Regulations—
    • the 1996 Act” (“Deddf 1996”) means the Education Act 1996;
    • the 2010 Act” (“Deddf 2010”) means the Equality Act 2010;
    • the 2018 Act” (“Deddf 2018”) means the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
    • “appeal” (“apêl”) means—
      • (a) subject to paragraph (b) , an appeal to the Tribunal under Part 2 of the 2018 Act against a decision of a local authority or FEI governing body;
      • (b) in regulations 55 to 57, 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 2 of the 2018 Act;
    • “authority” (“awdurdod”) means an authority other than the local authority that made the disputed decision;
    • “case friend” (“cyfaill achos”) means a person appointed by the Tribunal in accordance with section 85 of the 2018 Act and regulations 60 to 62, 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 18 or 19;
    • “case statement period” (“cyfnod datganiad achos”) is the period specified in regulation 17;
    • “Chair” (“Cadeirydd”) means the President or a person appointed under section 91(4) of the 2018 Act to the panel of persons who may serve as the legal chair of the Tribunal;
    • “child” (“plentyn”) means a person who is the subject of the appeal or claim;
    • “claim” (“hawliad”) means a claim for disability discrimination under Chapter 1 of Part 6 of, and Schedule 17 to, the 2010 Act;
    • “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;
    • “clerk to the tribunal panel” (“clerc i’r panel tribiwnlys”) means the person appointed by the Secretary of the Tribunal to act as clerk at one or more hearings;
    • “disputed decision” (“penderfyniad a herir”) means the decision or act, or the 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;
    • “electronic signature” (“llofnod electronig”) has the meaning given to it by section 7 of the Electronic Communications Act 2000;
    • “e-mail address” (“cyfeiriad e-bost”) means a person’s electronic mail address;
    • “evidence” (“tystiolaeth”) includes material of any description recorded in any form;
    • “FEI governing body” (“corff llywodraethau SAB”) is the governing body of a further education institution in Wales that made the disputed decision and has the meaning given by section 90 of the Further and Higher Education Act 1992 as referred to in section 99 of the 2018 Act;
    • “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, claim, application 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 council of a county or county borough in Wales that 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 audio visual 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”) has the meaning given by section 576 of the 1996 Act;
    • “party” (“parti”) means—
      • (a) in an appeal, the appellant, the local authority or the FEI governing body, and
      • (b) in a claim, the claimant or the responsible body;
    • “Register” (“Cofrestr”) means the register required to be kept under regulation 71;
    • “responsible body” (“corff cyfrifol”) has the meaning given by section 85(9) of the 2010 Act;
    • “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;
    • “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;
    • “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—
      • (a) a Saturday,
      • (b) a Sunday,
      • (c) any day from 25 December to 1 January inclusive,
      • (d) Good Friday,
      • (e) the first Monday in May,
      • (f) any day in August, or
      • (g) a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971;
    • “young person” (“person ifanc”) means—
      • (a) in an appeal, a person who is the subject of the appeal or claim, and
      • (b) in a claim, a person who is over compulsory school age and who is the subject of the claim.
    (2) Words and expressions used in these Regulations and in the 2018 Act have the same meaning as in that Act, except so far as a contrary intention appears.

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