Citation, commencement and application1

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.

Interpretation2

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 19712;

  • “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 detention3

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 KnightMinister of StateDepartment for Education and Skills