Education (Welfare) Act 2000

Right of F26[Child and Family Agency] to appeal etc. decision of board of management under section 29 of Act of 1998.

26

26.F26[(1) (a) The Child and Family Agency may appoint a person to appeal a decision to which paragraph (a) or (c) of subsection (1) of section 29 of the Act of 1998 applies and accordingly a reference in the said subsection (1) to "parent of the student" or "student" shall be construed as including a reference to the person appointed by the Child and Family Agency in accordance with this paragraph.

(b) A person appointed under paragraph (a) shall—

(i) be independent of the Child and Family Agency,

(ii) have such experience, qualifications, training or expertise, as the Child and Family Agency considers appropriate, and

(iii) in carrying out his or her functions, have regard to the best interests of the student concerned.]

(2) Section 29 of the Act of 1998 is hereby amended by the insertion of the following subsection:

“(4A) The National Educational Welfare Board may, at the hearing of an appeal brought by a parent or student against a decision to which paragraph (a) or (c) of subsection (1) applies, make such submissions (whether in writing or orally) to the appeals committee, as it considers appropriate.”.

Annotations:

Amendments:

F26

Substituted (12.11.2020) by Education (Admission to Schools) Act 2018 (14/2018), s. 10(b), S.I. No. 366 of 2020.

Editorial Notes:

E5

Previous affecting provision: words in subs. (1) deleted by Education (Miscellaneous Provisions) Act 2007 (9/2007), s. 6(a)(i), not commenced; repealed (12.11.2020) by Education (Admission to Schools) Act 2018 (14/2018), s. 12(d), S.I. No. 366 of 2020.

E6

Previous affecting provision: subs. (2) deleted by Education (Miscellaneous Provisions) Act 2007 (9/2007), s. 6(a)(ii), not commenced; repealed (12.11.2020) by Education (Admission to Schools) Act 2018 (14/2018), s. 12(d), S.I. No. 366 of 2020.

E7

Previous affecting provision: in subs. (1), "Board" substituted by "Child and Family Agency" (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 13 item 1, S.I. No. 502 of 2013; subsection substituted (12.11.2020) as per F-note above.