Equality Bill [HL]—continued
        House of Lords

 

SCHEDULE 6

Section 50(7)

PROCEDURE OF SPECIAL EDUCATIONAL NEEDS AND DISABILITY TRIBUNAL

1         In addition to its jurisdiction under Part 4 of the Education Act 1996 (c. 56), the Special Educational Needs and Disability Tribunal is to exercise the jurisdiction conferred on it by section 50.
2 (1) Regulations may make provision about—
(a)    the proceedings of the Special Educational Needs and Disability Tribunal on a reference made to it in pursuance of section 50; and
(b)    the making of a reference.
(2)    The regulations may, in particular, include provision—
(a)    as to the manner in which a reference must be made;
(b)    for determining whether the reference should be transferred to another tribunal (within the meaning of section 48) in any case where it is alleged that, in addition to being done on disability grounds, the act complained of was done for a reason related to any prohibited ground other than disability;
(c)    if the jurisdiction of the Special Educational Needs and Disability Tribunal is being exercised by more than one tribunal—
(i)    for determining by which tribunal any reference is to be heard; and
(ii)    for the transfer of proceedings from one tribunal to another;
(d)    for enabling functions which relate to matters preliminary or incidental to a reference to be performed by the President, or by the chairman;
(e)    enabling hearings to be conducted in the absence of any member other than the chairman;
(f)    as to the persons who may appear on behalf of the parties;
(g)    for granting any person such disclosure or inspection of documents or right to further particulars as might be granted by a county court;
(h)    requiring persons to attend to give evidence and produce documents;
(i)    for authorising the administration of oaths to witnesses;
(j)    for the determination of references without a hearing in prescribed circumstances;
(k)    as to the withdrawal of references;
(l)    for enabling the Special Educational Needs and Disability Tribunal to stay proceedings on a reference;
(m)    for the award of costs or expenses;
(n)    for taxing or otherwise settling costs or expenses (and, in particular, for enabling costs to be taxed in the county court);
(o)    for the registration and proof of decisions and orders; and
(p)    for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be determined in accordance with the regulations.

3         Proceedings before the Special Educational Needs and Disability Tribunal are to be held in private, except in prescribed circumstances.
4 (1) The Secretary of State may pay such allowance for the purpose of or in connection with the attendance of persons at the Special Educational Needs and Disability Tribunal as he may, with the consent of the Treasury, determine.
(2)    In relation to Wales, the power conferred by sub-paragraph (1) may be exercised only with the agreement of the National Assembly.
5 (1) Part 1 of the Arbitration Act 1996 (c. 23) does not apply to proceedings before the Special Educational Needs and Disability Tribunal but regulations may make provision, in relation to such proceedings, corresponding to any provision of that Part.
(2)    The regulations may make provision for a reference under this Chapter to be heard, in prescribed circumstances, with an appeal under Part 4 of the Education Act 1996 (c. 56).

6         A person who without reasonable excuse fails to comply with—
(a)    a requirement in respect of the disclosure or inspection of documents imposed by the regulations by virtue of paragraph (2)(g); or
(b)    a requirement imposed by the regulations by virtue of paragraph 2(2)(h);
    is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7 (1) In any proceedings brought by virtue of section 50, a certificate signed by or on behalf of a Minister of the Crown and certifying that any conditions or requirements specified in the certificate—
(a)    were imposed by a Minister of the Crown; and
(b)    were in operation at a time or throughout a time so specified;
    is conclusive evidence of the matters certified.
(2)    A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2003
Prepared 16 January 2003