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(n) | for enabling prescribed decisions to be reviewed, or prescribed |
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orders to be varied or revoked, in such circumstances as may be |
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decided in accordance with the regulations. |
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(4) | Proceedings must be held in private, except in prescribed circumstances. |
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(5) | The Welsh Ministers may pay such allowances for the purpose of or in |
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connection with the attendance of persons at the Tribunal as they may |
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(6) | Part 1 of the Arbitration Act 1996 does not apply to the proceedings, but |
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regulations may make provision in relation to such proceedings that |
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corresponds to a provision of that Part. |
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(7) | The regulations may make provision for a claim to be heard, in prescribed |
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circumstances, with an appeal under Part 4 of the Education Act 1996 |
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(special educational needs). |
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(8) | A person commits an offence by failing to comply with— |
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(a) | a requirement in respect of the disclosure or inspection of documents |
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imposed by virtue of sub-paragraph (3)(e), or |
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(b) | a requirement imposed by virtue of sub-paragraph (3)(f). |
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(9) | A person guilty of the offence is liable on summary conviction to a fine not |
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exceeding level 3 on the standard scale. |
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7 | This Part applies in relation to the Scottish Tribunal. |
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8 | A claim that a responsible body has contravened Chapter 1 of Part 6 because |
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of a person’s disability may be made to the Tribunal by— |
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(b) | where the person has capacity to make the claim, the person. |
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9 (1) | This paragraph applies if the Tribunal find the contravention has occurred. |
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(2) | The Tribunal may make such order as it thinks fit. |
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(3) | The power under sub-paragraph (2)— |
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(a) | may, in particular, be exercised with a view to obviating or reducing |
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the adverse effect on the person of any matter to which the claim |
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(b) | does not include power to order the payment of compensation. |
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10 (1) | The Scottish Ministers may make rules as to— |
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(a) | the proceedings on a claim under paragraph 8; |
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|
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(b) | the making of a claim. |
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(2) | The rules may, in particular, include provision for or in connection with— |
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(a) | the form and manner in which a claim must be made; |
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(b) | the time within which a claim is to be made; |
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(c) | the withdrawal of claims; |
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(d) | the recovery and inspection of documents; |
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(e) | the persons who may appear on behalf of the parties; |
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(f) | the persons who may be present at proceedings alongside any party |
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or witness to support the party or witness; |
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(g) | enabling specified persons other than the parties to appear or be |
| |
represented in specified circumstances; |
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(h) | requiring specified persons to give notice to other specified persons |
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(i) | the time within which any such notice must be given; |
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(j) | enabling Tribunal proceedings to be conducted in the absence of any |
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member of a Tribunal other than the convener; |
| |
(k) | enabling any matters that are preliminary or incidental to the |
| |
determination of proceedings to be determined by the convenor of a |
| |
Tribunal alone or with such other members of the Tribunal as may |
| |
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(l) | enabling Tribunals to be held in private; |
| |
(m) | enabling a Tribunal to exclude any person from attending all or part |
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(n) | enabling a Tribunal to impose reporting restrictions in relation to all |
| |
or part of Tribunal proceedings; |
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(o) | enabling a Tribunal to determine specified matters without holding |
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(p) | the recording and publication of decisions and orders of a Tribunal; |
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(q) | enabling a Tribunal to commission medical and other reports in |
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(r) | requiring a Tribunal to take specified actions, or to determine |
| |
specified proceedings, within specified periods; |
| |
(s) | enabling a Tribunal to make an award of expenses; |
| |
(t) | the taxation or assessment of such expenses; |
| |
(u) | enabling a Tribunal, in specified circumstances, to review, or to vary |
| |
or revoke, any of its decisions, orders or awards; |
| |
(v) | enabling a Tribunal, in specified circumstances, to review the |
| |
decisions, orders or awards of another Tribunal and take such action |
| |
(including variation and revocation) in respect of those decisions, |
| |
orders or awards as it thinks fit. |
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11 (1) | Either of the persons specified in sub-paragraph (2) may appeal on a point |
| |
of law to the Court of Session against a decision of a Tribunal relating to a |
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claim under this Schedule. |
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(a) | the person who made the claim; |
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(b) | the responsible body. |
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|
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(3) | Where the Court of Session allows an appeal under sub-paragraph (1) it |
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(a) | remit the reference back to the Tribunal or to a differently constituted |
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Tribunal to be considered again and give the Tribunal such |
| |
directions about the consideration of the case as the Court thinks fit; |
| |
(b) | make such ancillary orders as it considers necessary or appropriate. |
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Amendment of Education (Additional Support for Learning) (Scotland) Act 2004 |
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12 | The Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) |
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(a) | in section 17(1), omit “to exercise the functions which are conferred |
| |
on a Tribunal by virtue of this Act”, |
| |
(b) | after section 17(1), insert— |
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“(1A) | Tribunals are to exercise the functions which are conferred on |
| |
| |
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(b) | the Equality Act 2009”; |
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(c) | in the definition of “Tribunal functions” in paragraph 1 of Schedule |
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1, after “Act” insert “or the Equality Act 2009”. |
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Admissions and exclusions |
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13 (1) | This paragraph applies if appeal arrangements have been made in relation |
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| |
(2) | A claim that a responsible body has, because of a person’s disability, |
| |
contravened Chapter 1 of Part 6 in respect of an admissions decision must |
| |
be made under the appeal arrangements. |
| |
(3) | The body hearing the claim has the powers it has in relation to an appeal |
| |
under the appeal arrangements. |
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(4) | Appeal arrangements are arrangements under— |
| |
(a) | section 94 of the School Standards and Framework Act 1998, or |
| |
(b) | an agreement between the responsible body for an Academy and the |
| |
Secretary of State under section 482 of the Education Act 1996, |
| |
| enabling an appeal to be made by the person’s parent against the decision. |
| |
(5) | An admissions decision is— |
| |
(a) | a decision of a kind mentioned in section 94(1) or (2) of the School |
| |
Standards and Framework Act 1998; |
| |
(b) | a decision as to the admission of a person to an Academy taken by |
| |
the responsible body or on its behalf. |
| |
| |
14 (1) | This paragraph applies if appeal arrangements have been made in relation |
| |
| |
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|
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Schedule 18: Public Sector Equality Duty: exceptions |
| |
| |
876. This Schedule lists exceptions to the coverage of the public sector equality duty. |
| |
877. Paragraph 1 disapplies the Equality Duty with respect to age in relation to the |
| |
education of pupils in schools and the provision of services to pupils in schools and in relation |
| |
| |
878. Paragraph 2 disapplies the equality of opportunity limb of the Equality Duty in |
| |
relation to race, religion or belief or age in relation to immigration functions. |
| |
879. Paragraph 3 disapplies the duty in respect of any public functions (as that term is |
| |
defined for the purposes of the Human Rights Act 1998) performed by the persons listed in |
| |
sub-paragraph (2), or in relation to the functions listed in sub-paragraph (3). |
| |
880. Paragraph 4 contains a power for a Minister of the Crown by order to add, change or |
| |
remove an exception to the scope of the Equality Duty. |
| |
| |
881. This Schedule replaces the exception for immigration functions from the race duty in |
| |
section 71A of the Race Relations Act. It also replaces sections 76A(3) and (4) of the Sex |
| |
Discrimination Act 1976 and sections 49C and 49D of the Disability Discrimination Act 1995 |
| |
relating to excepted bodies and functions. |
| |
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