The Pupils' Registration (Amendment) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to the Pupils' Registration Regulations 1956 consequential on paragraph 4 of Schedule 18 to the Education Act 1993, which permits a pupil to be registered as a pupil at a pupil referral unit and a mainstream school simultaneously. Section 298(2) of the Education Act 1993 defines a pupil referral unit as a maintained school other than a county or special school organised to provide education for children who by reason of exclusion from school or otherwise may not receive suitable education unless exceptional arrangements are made for them. They also make provision for a pupil to become registered at a special school and another school.

Regulation 3 of the 1956 Regulations now provides that a pupil who is registered at both a mainstream school and a unit or special school is absent with leave from one school when he is attending the other.

The Regulations substitute regulation 4 and insert a new regulation 4A in the 1956 Regulations. The name of a pupil may not generally be deleted from the Admission Register under regulation 4(1)(b) (which requires the deletion of a pupil’s name where that pupil has become a registered pupil at another school) where a pupil becomes a registered pupil at a pupil referral unit or special school without the consent of the proprietors of both schools.

The substituted regulation 4(1)(j) and (2)(e) (which provide that permanent exclusion is a ground for deletion of the name of a pupil at a maintained school from the Admissions Register) cover pupils at grant-maintained schools and grant-maintained special schools. A pupil’s name may not be deleted from the Admission Register following a permanent exclusion until any appeal under the articles or under section 26 of the Education (No. 2) Act 1986 has been concluded, or the time limit for appeal under the articles or section 26 has expired.

The Regulations also make minor changes to regulation 7 of the 1956 Regulations.