The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012

PART 4 Short Stay Schools

Amendments to the Education (Short Stay Schools) (Closure) (England) Regulations 2010

4.—(1) The Education (Short Stay Schools) (Closure) (England) Regulations 2010(1) are to be cited as the Education (Pupil Referral Units) (Closure) (England) Regulations 2010.

(2) In the Education (Pupil Referral Units) (Closure) (England) Regulations 2010, as renamed—

(a) for “short stay school” or “short stay schools”, wherever the words occur, substitute “unit” or “units” respectively;

(b) in regulation 1(3) after “Education and Inspections Act 2006” insert—

• “(as applied to units with modifications by paragraph 23 of part 1 of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007);

“unit” means a pupil referral unit”;

(c) In regulation 7(1)—

(i) omit “either of”; and

(ii) for “the school” substitute “the unit”; and

(d) for regulation 7(2) substitute—

“(2) The circumstances are—

(a) that the circumstances set out in paragraphs (a) and (b) of—

(i) section 61 of the Education and Inspections Act 2006 (significant improvement required); or

(ii) section 62 of that Act (special measures required),

apply in relation to the unit;

(b) that the Chief Inspector has notified the unit that an inspection of the unit is to take place under section 5 or 8 of the Education Act 2005; or

(c) that the Secretary of State has given the local authority a notice under section 69 of the Education and Inspections Act 2006 (as that provision is applied to units with modifications by regulation 24(1) of the Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007 (power of Secretary of State to notify authority that committee is to consist of interim executive members)).”.

Revocation of the Education (Short Stay Schools) (Closure) (England) (Amendment) Regulations 2010

5.  The Education (Short Stay Schools) (Closure) (England) (Amendment) Regulations 2010(2) are revoked.

(1)

S.I.2010/1071, which was amended by S.I.2010/1172 and S.I.2010/1920.

(2)

S.I.2010/1920, which provided for S.I.2010/1071 to have effect with modifications until the coming into force of section 249(1) of the 2009 Act. Section 249(1) of the 2009 Act was repealed by section 51(1) and (2)(a) of the 2011 Act.