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The Education (Northern Ireland) Order 2006

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Suspension and expulsion of pupilsN.I.

This sectionnoteType=Explanatory Memorandum has no associated

31.  (1)  The Department shall prepare and issue a scheme specifying the procedure to be followed in relation to the suspension and expulsion of registered pupils from grant-aided schools.

(2) A scheme under this Article—

(a)shall provide that—

(i)a registered pupil at a controlled school may be expelled from that school only by the relevant board on the application of the Board of Governors of the school;

(ii)a registered pupil at any other grant-aided school may be expelled from that school only by the Board of Governors of the school;

(b)shall provide that a registered pupil at a grant-aided school may be suspended from that school only by a person or body specified in the scheme;

(c)shall specify the maximum period—

(i)for which a pupil may be suspended in any one school year;

(ii)for which a pupil may be suspended on any one occasion;

(d)may provide for the extension of a period of suspension (subject to any provision made by virtue of sub-paragraph (c));

(e)may include provision for such other matters as the Department thinks appropriate.

(3) It is the duty of—

(a)the relevant board and the Board of Governors (in relation to a controlled school); and

(b)the Board of Governors (in relation to any other grant-aided school),

to comply with a scheme under this Article.

(4) The Department—

(a)shall review a scheme issued under this Article not later than five years after the issue of the scheme (or, as the case may be, after the last review under this paragraph); and

(b)may revise the scheme and issue the revised scheme.

(5) Before making or revising a scheme under this Article the Department shall consult—

(a)the boards;

(b)the Board of Governors of a number of grant-aided schools selected by the Department as being a representative sample of all such schools; and

(c)any other person with whom consultation appears to it to be desirable.

(6) In this Article and Article 32 “relevant board”, in relation to a controlled school, means the board for the area in which the school is situated.

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