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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.
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