## “ Procedure for appeals where coronavirus exception applies 

7.  Paragraph 2 of Schedule 2 has effect in relation to an appeal pursuant to arrangements made by a local authority or governing body of a foundation or voluntary aided school under section 94 or a local authority under section 95 of SSFA 1998 where the appeal in person reason of the coronavirus exception applies. 

## Time limits 

8. —(1) Paragraphs 3 and 4 of Schedule 2 have effect for the purposes of determining the timetable in respect of an appeal pursuant to arrangements made by a local authority or governing body of a foundation or voluntary aided school under section 94 of SSFA 1998. 

(2) Paragraph 5 of Schedule 2 has effect for the purposes of determining the timetable in relation to an appeal pursuant to arrangements made by a local authority under section 95 of SSFA 1998.”. 

10.  In the Schedule— 

(a) in the heading, for “Schedule” substitute “Schedule 1”; 

(b) before paragraph 1, insert— 

“(A1) Paragraphs 1(1) and (2) apply subject to paragraph 1 of Schedule 2.”. 

11.  After Schedule 1 (constitution of appeal panels), insert— 

## “SCHEDULE 2 

Regulations 5, 7 and 8 

## Temporary amendments of Constitution of Appeal Panels and Procedure Rules 

## Arrangements made by a local authority or governing body: when coronavirus exception applies 

1. —(1) Where one or more members of an appeal panel has to withdraw from membership of the panel, the appeal panel may continue to consider and determine the appeal provided there remains a panel of at least two members, regardless of whether those members meet the requirements of paragraph 1(2) of Schedule 1. 

(2) Where sub-paragraph (1) applies, and the member withdrawing is the panel Chair, the admission authority must appoint (or arrange for the clerk to the appeal panel to appoint) one of the remaining members of the panel as the Chair. 

## Appeal hearings 

2. —(1) An appeal panel may decide to hold an appeal hearing using remote access provided— 

(a) the parties are able to present fully their case; 

(b) each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the appeal hearing; and 

(c) the panel considers that the appeal is capable of being heard fairly and transparently. 

(2) Where any of the conditions prescribed in sub-paragraph (1)(a) to (c) are not met, an appeal panel may make their decision on the appeal based on the written information submitted. 

