The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and attendance) is amended as follows.
(2)Before section 52, insert—
(1)The head teacher of a maintained school in England may exclude a pupil from the school for a fixed period or permanently.
(2)The teacher in charge of a pupil referral unit in England may exclude a pupil from the unit for a fixed period or permanently.
(3)Regulations must make provision—
(a)requiring prescribed persons to be given prescribed information relating to any exclusion under subsection (1) or (2);
(b)requiring the responsible body, in prescribed cases, to consider whether the pupil should be reinstated;
(c)requiring the local authority to make arrangements enabling a prescribed person to apply to a review panel for a review, in any prescribed case, of a decision of the responsible body not to reinstate a pupil;
(d)about the constitution of a review panel;
(e)about the procedure to be followed on a review under paragraph (c).
(4)On an application by virtue of subsection (3)(c), the review panel may—
(a)uphold the decision of the responsible body,
(b)recommend that the responsible body reconsiders the matter, or
(c)if it considers that the decision of the responsible body was flawed when considered in the light of the principles applicable on an application for judicial review, quash the decision of the responsible body and direct the responsible body to reconsider the matter.
(5)Regulations may provide for the panel to have supplementary powers, and in particular may provide that the panel has the power to make a direction about the effect on an excluded pupil of a recommendation under subsection (4)(b) or a direction under subsection (4)(c).
(6)In a case where the panel gives a direction under subsection (4)(c) to the governing body of a maintained school, the panel may, in prescribed circumstances, order an adjustment of the school's budget share for a funding period.
(7)Regulations must make provision about—
(a)how the amount of the adjustment is to be determined;
(b)the effect of the adjustment on the budget shares of other maintained schools for the funding period.
(8)Regulations under this section may also make provision—
(a)for the payment by the local authority of allowances to members of the review panel;
(b)requiring a person or body exercising functions under subsection (1) or (2) or under the regulations to have regard to any guidance given from time to time by the Secretary of State;
(c)requiring local authorities to give prescribed information to the Secretary of State;
(d)in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2).
(9)Regulations made by virtue of subsection (8)(a) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of a review panel.
(10)In this section—
“budget share” and “funding period” have the same meaning as in Part 2 of the School Standards and Framework Act 1998;
“exclude”, in relation to the exclusion of a pupil from a school or pupil referral unit, means exclude on disciplinary grounds (and “exclusion” is to be construed accordingly);
“maintained school” has the same meaning as in Chapter 1;
“the responsible body” means—
in relation to exclusion from a maintained school, the governing body of the school;
in relation to exclusion from a pupil referral unit, such person as may be prescribed.
(11)In relation to any time when no responsible body is prescribed in relation to permanent exclusion from a pupil referral unit, subsection (3) has effect in relation to such an exclusion as if—
(a)paragraph (b) were omitted, and
(b)the decision referred to in paragraph (c) were the decision of the teacher in charge of the unit permanently to exclude the pupil.
(12)Regulations may make provision for this section and regulations made under it to apply, with prescribed modifications, in relation to Academies or a description of Academy.”
(3)In section 52 (exclusion of pupils)—
(a)in subsection (1), after “maintained school” insert “ in Wales ”;
(b)in subsection (2), after “pupil referral unit” insert “ in Wales ”;
(c)in subsection (4)—
(i)in paragraph (b), omit from first “(in” to “Wales)”;
(ii)in paragraph (c), omit “the Secretary of State or” and “as the case may be,”;
(d)in the heading, at the end insert “ : Wales ”.
(4)Schedule 1 (consequential amendments) has effect.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
The Schedules only you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: