Revised Acts

This Act

Download PDFs

On the eISB

Education for Persons with Special Educational Needs Act 2004

《 Go to Front 〈 Previous Section Next Section 〉

Special Education Appeals Board.

36.—(1) On the establishment day there shall stand established the Special Education Appeals Board (in this Act referred to as the “Appeals Board”) to hear and determine appeals made pursuant to this Act.

(2) The Appeals Board may sit in divisions of itself to hear appeals.

(3) In hearing and determining an appeal under this Act, the Appeals Board shall act in accordance with such procedures as may be determined from time to time by it, with the consent of the Minister, and such procedures shall ensure that—

(a) the parties to the appeal are assisted, through mediation, to reach agreement on the matters the subject of the appeal where the Appeals Board is of the opinion that reaching such agreement is practicable in the circumstances,

(b) hearings are conducted with the minimum of formality consistent with giving each of the parties a fair hearing,

(4) The Appeals Board shall be independent in the performance of its functions.

(5) The Appeals Board shall consist of a chairperson and such number of ordinary members as may be determined, by the Minister.

(6) The chairperson and ordinary members of the Appeals Board shall be appointed by the Minister from among persons who have a special interest in or knowledge of education and in particular the education of persons with special educational needs.

(7) The term of office of the chairperson and the ordinary members of the Appeals Board shall be for such period as shall be determined by the Minister.

(8) The chairperson or an ordinary member of the Appeals Board may resign by letter addressed to the Minister.

(9) The chairperson or an ordinary member of the Appeals Board may be removed from office by the Minister.

(10) The chairperson and ordinary members of the Appeals Board shall be paid such allowances for expenses as the Minister, with the consent of the Minister for Finance, may determine.

(11) The Appeals Board may, with the consent of the Minister given with the concurrence of the Minister for Finance, appoint such and so many persons to be employees of the Appeals Board as the Board considers necessary to assist the Board in the performance of its functions and each person so appointed shall hold office on such terms and receive such remuneration as the Appeals Board with the consent of the Minister for Finance determines.

Annotations

Modifications (not altering text):

C14

Functions transferred and references Minister for Finance construed as Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 30 of 2004	Education for Persons with Special Educational Needs Act 2004	Sections 13, 19(2), 22(8), 28(9), 36(10) and (11) and 43
...	...	...

The history of the Ministers concerned with Finance aspects of Act can be traced as follows:

• Functions transferred and title of Minister for Finance changed to Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2025);

• Title of Minister for Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in operation as per art. 1(2);

• Title of Minister for Public Expenditure, National Development Plan Delivery and Reform changed to Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025).

Editorial Notes:

Power pursuant to section (14.07.2005) exercised by Education for Persons with Special Educational Needs Act 2004 (Establishment Day) (Section 36) Order 2005 (S.I. No. 509 of 2005), art. 2.

2. The 3rd day of April 2006 is appointed as the establishment day for the purposes of section 36 of the Education for Persons with Special Educational Needs Act 2004 (No. 30 of 2004).