Education Act 1996

Section 19.

SCHEDULE 1 E+W Pupil referral units

Modifications etc. (not altering text)

C1 Sch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(c), 70(2); S.I. 2018/346, reg. 4(e)

C2 Sch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(c), 70(2); S.I. 2018/346, reg. 4(f)

General adaptations of enactments E+W

1 E+W References in any enactment to the proprietor or governing body of a school shall be read, in relation to a pupil referral unit, as references to the [F1 local authority] .

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

Modifications etc. (not altering text)

C3 Sch. 1 para. 1 excluded by 1998 c. 31, s. 45(3)(aa) (as inserted (1.9.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 50(3)(b), 82(3); S.I. 2012/1087, art. 3)

2 E+W References in any enactment to the head teacher of a school shall be read, in relation to a pupil referral unit, as references to the teacher in charge of the unit (whether known as the head teacher or not).

[F2 2A E+W Paragraphs 1 and 2 do not apply to references in an enactment in, or made under, the Curriculum and Assessment (Wales) Act 2021.]

Textual Amendments

F2 Sch. 1 para. 2A inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(2) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Modifications of enactments by regulations E+W

3 E+W Regulations may provide for any enactments relating to schools maintained by [F3 local authorities] (or schools including such schools)—

(a) to apply in relation to pupil referral units,

(b) to apply in relation to such units with such modifications as may be prescribed, or

(c) not to apply in relation to such units.

Textual Amendments

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))

[F4 3A Regulations may also—

(a) require a local authority in England to obtain the consent of the Secretary of State, in specified circumstances, to the closure of a [F5 pupil referral unit] ;

(b) confer a power on the Secretary of State to give directions to a local authority in England about the exercise of—

(i) their functions under section 19;

(ii) their functions under any enactment applied to [F6 pupil referral units] (with or without modifications) by regulations under paragraph 3;

(iii) any other function connected with [F6 pupil referral units] ;

(c) require a local authority to comply with such directions.]

Textual Amendments

F4 Sch. 1 para. 3A inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 249(3), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

F5 Words in Sch. 1 para. 3A(a) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 51(4)(a), 82(3); S.I. 2012/84, art. 2

F6 Words in Sch. 1 para. 3A(b) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 51(4)(b), 82(3); S.I. 2012/84, art. 2

Registration E+W

4 (1) A person who is registered as a pupil at a school other than a pupil referral unit shall not, by reason only of being registered also as a pupil at such a unit, cease for the purposes of the Education Acts to be treated as a registered pupil at that school. E+W

(2) In this Schedule “registered” means shown in the register kept under section 434.

Application of Local Government Act 1986 E+W

F7 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 1 para. 5 repealed (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(2)(f)(vi), Sch. 8 Pt. 1

Curriculum E+W

6 [F8 (1) In relation to every pupil referral unit [F9 maintained by a local authority in England], the [F1 local authority], the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of [F10 section 78(1) F11 ... of the Education Act 2002](1) (balanced and broadly based curriculum). E+W

(2) Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit [F12 maintained by a local authority in England], including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require—

(a) the [F1 local authority], the management committee (where applicable), or the teacher in charge to exercise, or

(b) such of them as may be prescribed to collaborate with each other in exercising,

such functions in relation to the curriculum as may be prescribed.]

F13 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F8 Sch. 1 para. 6(1)(2) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 184(a)(i) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt.I

F9 Words in Sch. 1 para. 6(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(3)(a)(i) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F10 Words in Sch. 1 para. 6(1) substituted (20.1.2003) by The Education Act 2002 (Modification of Provisions) (No. 2) (England) Regulations 2002 (S.I. 2002/2953), reg. 2(1)

F11 Words in Sch. 1 para. 6(1) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(3)(a)(ii) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F12 Words in Sch. 1 para. 6(2) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(3)(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F13 Sch. 1 para. 6(3)(4) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(3)(c) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Modifications etc. (not altering text)

C4 Sch. 1 para. 6(1) amended (19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 5(6)

[F14 6A E+W Paragraphs 6B, 6C and 6D apply in relation to every pupil referral unit maintained by a local authority in Wales.

Textual Amendments

F14 Sch. 1 paras. 6A-6D inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(4) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

6B (1) The local authority, the management committee (where applicable) and the teacher in charge of a pupil referral unit must exercise their functions— E+W

(a) in relation to registered pupils of compulsory school age at the unit, in accordance with sections 50 to 52 of the Curriculum and Assessment (Wales) Act 2021 (curriculum requirements);

(b) in relation to registered pupils above compulsory school age at the unit, with a view to securing that the curriculum for those pupils meets the requirements in sub-paragraph (2).

(2) The requirements are that the curriculum is a balanced and broadly based curriculum which—

(a) promotes the spiritual, moral, cultural, mental and physical development of the pupils, and

(b) prepares them for the opportunities, responsibilities and experiences of later life.

(3) The Welsh Ministers may, by regulations, make provision in respect of the curriculum for registered pupils above compulsory school age at pupil referral units, including provision as to making, and keeping up to date, a written statement of the policy in relation to the curriculum for those pupils.

Textual Amendments

F14 Sch. 1 paras. 6A-6D inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(4) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

6C E+W The Welsh Ministers may, by regulations—

(a) require the local authority, the management committee (where applicable) or the teacher in charge of a pupil referral unit to exercise any functions relating to the curriculum that are specified in regulations, or

(b) require those persons, or any of them, to collaborate with each other in exercising any functions relating to the curriculum that are specified in regulations.

Textual Amendments

F14 Sch. 1 paras. 6A-6D inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(4) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

6D (1) Each local authority in Wales must make arrangements to deal with complaints that the authority, or the teacher in charge of a pupil referral unit maintained by the authority— E+W

(a) have acted or are proposing to act unreasonably in relation to the exercise of a power conferred, or the performance of a duty imposed, on them—

(i) by section 50, 51 or 52 of the Curriculum and Assessment (Wales) Act 2021, or

(ii) by paragraph 6B, or by regulations made under paragraph 6B or 6C, or

(b) have failed to discharge a duty imposed on them by or under any of those provisions.

(2) The Welsh Ministers must not exercise their powers under Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) in relation to—

(a) a complaint for which arrangements are required to be made under sub-paragraph (1), or

(b) a complaint that a local authority in Wales has failed to exercise its powers to secure compliance by the teacher in charge of a pupil referral unit with a duty referred to in subparagraph (1),

unless a complaint about the same matter has been made, and has been dealt with, in accordance with arrangements made under that sub-paragraph.]

Textual Amendments

F14 Sch. 1 paras. 6A-6D inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(4) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Discipline E+W

7 E+W F15 F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Sch. 1 para. 7 repealed (9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/2961, art. 7, Sch. Pt. IV

F16 Sch. 1 para. 7 repealed (20.1.2003 for E.) by The Education Act 2002 (Modification of Provisions) (No. 2) (England) Regulations 2002 (S.I. 2002/2953), reg. 2(2)

Sex education, political indoctrination and political issues E+W

8 [F17 (1)] Sections 403, 406 and 407 (sex education, political indoctrination, and treatment of political issues) apply in relation to pupil referral units [F18 in England] as they apply in relation to [F19 community schools] [F20 in England]. E+W

[F21 (2) Sections 406 and 407 (political indoctrination, and treatment of political issues) apply in relation to pupil referral units in Wales as they apply in relation to community schools in Wales.]

Textual Amendments

F17 Sch. 1 para. 8 renumbered as Sch. 1 para. 8(1) (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(5)(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F18 Words in Sch. 1 para. 8(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(5)(b)(i) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F19 Words in Sch. 1 para. 8 substituted (1.10.2000 for E. and 1.1.2001 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 64 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.

F20 Words in Sch. 1 para. 8(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(5)(b)(ii) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F21 Sch. 1 para. 8(2) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 25(5)(c) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Charges E+W

9 (1) Chapter III of Part VI applies in relation to pupil referral units as if the references to governing bodies were omitted. E+W

(2) Section 458(2)(b) (charges for board and lodging) shall have effect in relation to a pupil provided with board and lodging at a unit as if after “that” there were inserted “for the time being”.

Application of Environmental Protection Act 1990 E+W

10 E+W A pupil referral unit is an educational institution for the purposes of Part IV of the M1 Environmental Protection Act 1990 (litter).

Marginal Citations

M1 1990 c. 43.

Information E+W

11 E+W Each [F1 local authority] shall—

(a) on such occasions, and

(b) in such form and manner,

as may be prescribed, make available to registered parents of registered pupils at any pupil referral unit such information about the unit as may be prescribed.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

Disapplication of Schedule 4 E+W

F22 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Sch. 1 para. 12 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 184(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Children with special educational needs E+W

F23 13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. 1 para. 13 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 184(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

School attendance orders E+W

14 (1) Where a pupil referral unit is named in a school attendance order— E+W

(a) the [F1 local authority] shall inform the teacher in charge of the unit, and

(b) if another [F1 local authority] are responsible for determining the arrangements for the admission of pupils to the unit, that authority shall admit the child to the unit;

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

(2) Section 438(4) does not apply in relation to a pupil referral unit.

(3) A [F1 local authority]—

(a) shall, before deciding to specify a particular pupil referral unit in a notice under section 438(2) where another [F1 local authority] are responsible for determining the arrangements for the admission of pupils to the unit, consult that authority; and

(b) if they decide to specify the unit in the notice, shall serve notice in writing of their decision on that authority.

(4) Section 439(7) and (8) apply where a notice is served on a [F1 local authority] under sub-paragraph (3) above as they apply where notice is served under section 439(6).

(5) The parent of a child in respect of whom a school attendance order is in force may not under section 440 request the [F1 local authority] to amend the order by substituting a pupil referral unit for the school named in the order.

(6) Where a child is a registered pupil at both a pupil referral unit and at a school other than a unit, the references in section 444 to the school at which he is a registered pupil shall be read as references to the unit.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F24 [Management committees E+W

Textual Amendments

F24 Sch. 1 para. 15 and cross heading added (1.12.1997) by virtue of 1997 c. 44, s.48; S.I. 1997/1468, art. 2(5), Sch. 1 Pt.V

F25 15 (1) Regulations may make provision— E+W

(a) for requiring any [F1 local authority] who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and

(b) for that committee to discharge on behalf of the authority such of their functions in connection with the unit as are delegated by them to the committee in accordance with the regulations.

(2) Regulations under this paragraph may in particular make provision—

(a) for enabling a [F1 local authority] to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;

(b) for requiring the approval of the Secretary of State to be obtained before any such joint committee is established;

(c) as to the composition of a management committee established under the regulations and—

(i) the appointment and removal of its members, and

(ii) their terms of office,

and in particular for requiring such a committee to include persons representing schools F26 . . . situated in the area from which the unit or units in question may be expected to draw pupils;

[F27 (d) for requiring or (as the case may be) prohibiting the delegation by—

(i) a [F1 local authority]; or

(ii) in the case of a [F1 local authority] which are operating executive arrangements, the executive of that authority or any person on behalf of that executive,

to a management committee of such functions in connection with pupil referral units as are specified in the regulations.]]

(e) for authorising a management committee to establish sub-committees;

(f) for enabling (subject to any provisions of the regulations) a [F1 local authority] [F28 , and in the case of a [F1 local authority] which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive,] or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;

(g) for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members;

[F29 (ga) about the effect of closure of a pupil referral unit on members of the management committee for the unit or members of any sub-committee;]

(h) for applying to any such committee or sub-committee, with or without modification—

(i) any provision of the Education Acts, or

(ii) any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority.

[F30 (3) In sub-paragraph (2), “executive” and “executive arrangements” have the same meaning as in the Local Government Act 2000.]

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F25 Sch. 1 para. 15 and cross heading added (1.12.1997) by virtue of 1997 c. 44, s. 48; S.I. 1997/1468, art. 2(5), Sch. 1 Pt. V

F26 Words in Sch. 1 para. 15 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 184(c), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F27 Sch. 1 para. 15(2)(d) substituted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(a)(i) and S.I. 2002/808, art. 31(a)(i)

F28 Words in Sch. 1 para. 15(2)(f) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(a)(ii) and S.I. 2002/808, art. 31(a)(ii)

F29 Sch. 1 para. 15(2)(ga) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(19); S.I. 2012/924, art. 2

F30 Sch. 1 para. 15(3) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(b) and S.I. 2002/808, art. 31(b)