1999 No. 1868
The Education (Exclusion from School) (Prescribed Periods) Regulations 1999
Made
Laid before Parliament
Coming into force
In exercise of the powers conferred on the Secretary of State by sections 66(8) and 138(7) of the School Standards and Framework Act 19981, the Secretary of State for Education and Employment, as regards England, and the Secretary of State for Wales, as regards Wales, hereby make the following Regulations:
Citation and commencement1
These Regulations may be cited as the Education (Exclusion from School) (Prescribed Periods) Regulations 1999 and shall come into force on 1st September 1999.
Interpretation2
1
In these Regulations–
“the 1998 Act” means the School Standards and Framework Act 1998;
“the relevant person” means–
- a
in relation to a pupil under the age of 18, a parent of his; and
- b
in relation to a pupil who has attained that age, the pupil himself;
- a
“school day”, in relation to a school, means any day on which at that school there is a school session;
“school” means a maintained school within the meaning of section 20(7) of the 1998 Act.
2
Where Regulations under paragraph 4 of Schedule 11 to the 1998 Act require the governing body of a school to establish a discipline committee, references in these Regulations to the governing body shall be construed as references to their discipline committee.
Performance of duties under section 66(2) of the 1998 Act3
1
This regulation prescribes the period within which the governing body of a school are required by virtue of section 66(2) of the 1998 Act, after having been informed under section 65(4) of that Act of any exclusion or decision to which that provision applies, to take the following steps–
a
to consider the circumstances in which the pupil was excluded;
b
to consider any representations about the exclusion made to the governing body–
i
by the relevant person in pursuance of section 65(1)(c) or (2)(b), or
ii
by the local education authority;
c
to allow each of the following, namely–
i
the relevant person, and
ii
an officer of the local education authority nominated by the authority,
to attend a meeting of the governing body and to make oral representations about the exclusion; and
d
to consider any oral representations so made.
2
Subject to paragraph (3) below, the governing body shall take each of the steps referred to in paragraph (1) above–
a
not earlier than six school days; and
b
not later than 15 school days, in the case of a permanent exclusion or an exclusion for a fixed period of more than 15 school days; or
c
not later than 30 school days, in the case of an exclusion for a fixed period of 15 school days or fewer,
after the date on which they were informed of the matters referred to in section 65(4) of the 1998 Act.
3
Where the pupil concerned has been excluded in circumstances in which he would, as a result of the exclusion, lose an opportunity to take any public examination, the governing body shall (so far as it is practical for them to do so) take each of the steps referred to in paragraph (1) above before the date on which the pupil is due to take the examination and in any event no later than is required by paragraph (2) above.
(This note is not part of the Regulations)