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Learning and Skills (Wales) Measure 2009

Changes over time for: Section 11

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Learning and Skills (Wales) Measure 2009, Section 11 is up to date with all changes known to be in force on or before 18 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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11Head teacher's decision to remove entitlementW

This section has no associated Explanatory Notes

After section 116G of the Education Act 2002 (c. 32) insert—

116HHead teacher's decision to remove entitlement

(1)If the head teacher of a pupil's school is satisfied that any of the grounds in subsection (2) apply, the head teacher may decide that a pupil is no longer entitled to follow a course of study that the pupil was entitled to follow under section 116E.

(2)The grounds referred to in subsection (1) are that—

(a)the pupil's or another person's health or safety would be placed unacceptably at risk if the pupil were to continue to follow the course of study;

(b)disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study.

(3)Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision—

(a)as to the procedure to be followed in connection with the making of decisions;

(b)for appeals against decisions to be made to the governing body of a pupil's school or another person specified in the regulations;

(c)as to the effect of a decision pending determination of an appeal;

(d)as to the procedure to be followed in connection with the determination of an appeal.

(4)A head teacher and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.

(5)The Welsh Ministers may by order—

(a)amend or omit any paragraph of subsection (2);

(b)add additional paragraphs to that subsection;

(c)amend or omit such additional paragraphs.

Commencement Information

I1S. 11 in force at 7.12.2009 for specified purposes by S.I. 2009/3174, art. 2(1)(e)

I2S. 11 in force at 1.1.2010 in so far as not already in force by S.I. 2009/3174, art. 2(2)(j)

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