The Education (Excluded Days of Detention) (England) Regulations 2007

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Excluded Days of Detention) (England) Regulations 2007 and come into force on 4th June 2007.

(2) These Regulations apply only in relation to England.

Interpretation

2.  In these Regulations—

“non-teaching day” means a day (whether or not during a school term) which is set aside wholly or mainly for the performance of duties by members of the staff of a school other than teaching;

“public holiday” means Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971(1);

“school day” means a day on which the school meets; and

“weekday” means a day other than a Saturday or Sunday.

Days excluded from the definition of permitted days of detention

3.—(1) A non-teaching day is not a permitted day of detention if it falls on a public holiday (whether or not it would be excluded from being a permitted day of detention under these Regulations but for this paragraph).

(2) Subject to paragraph (5), a non-teaching day is not a permitted day of detention if it falls within paragraph (3) or (4).

(3) A non-teaching day falls within this paragraph if it falls within a term and it—

(a) precedes the first school day of the term;

(b) falls during the half-term break; or

(c) falls after the last school day of the term.

(4) A non-teaching day falls within this paragraph if it does not fall within a term.

(5) A non-teaching day falling within sub-paragraphs (3)(b) or (c) is not excluded from being a permitted day of detention if all of the following conditions are satisfied—

(a) it is a weekday;

(b) it is a day immediately following the day on which the school breaks up; and

(c) it is not a public holiday.

(6) For the purposes of paragraph (5) a reference to the day on which a school breaks up is a reference, as the case may be, to the last school day before a half-term break or the last school day of the term.

Jim Knight

Minister of State

Department for Education and Skills

19th April 2007