The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012

10.—(1) The review panel must meet to consider a review on the date determined by the arranging authority. E+W

(2) The date so determined must not be later than the closing date for reviews.

[F1 (3) Sub-paragraph (4) applies if a remote meeting request has been made.]

(4) Where this sub-paragraph applies, the meeting referred to in sub-paragraph (1) [F2 must] be held using remote access, provided the arranging authority is satisfied that the following conditions are met—

(a) the participants will be able fully to make representations or discharge their functions (as the case may be);

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the meeting; and

(d) the meeting is capable of being held fairly and transparently.

[F4 (4A) Sub-paragraph (4B) applies if—

(a) for a reason related to extraordinary events or unforeseen circumstances, it is not reasonably practicable for the meeting referred to in sub-paragraph (1) to be held in person; and

(b) the meeting is not already required to take place using remote access pursuant to sub-paragraph (4).

(4B) Where this sub-paragraph applies, the meeting referred to in sub-paragraph (1) may be held using remote access, provided the arranging authority is satisfied that the conditions referred to in sub-paragraph (4)(a), (c) and (d) are met.

(4C) Sub-paragraph (4D) applies where, immediately before the date determined by the arranging authority as referred to in sub-paragraph (2), the meeting referred to in sub-paragraph (1) has not been held because—

(a) it has not been reasonably practicable to meet in person for a reason related to extraordinary events or unforeseen circumstances; and

(b) it has not been reasonably practicable to meet by way of remote access for a reason related to the satisfaction of the conditions in sub-paragraph (4)(a), (c) and (d).

(4D) Where this sub-paragraph applies, the date determined by the arranging authority as referred to in sub-paragraph (2) is extended by such period as is reasonably necessary for a reason related to the extraordinary events or unforeseen circumstances.

(4E) Subject to the exception made for persons referred to in paragraph 12(4), a meeting referred to in sub-paragraph (1) must be held in person unless—

(a) a remote meeting request is made; or

(b) for a reason related to extraordinary events or unforeseen circumstances, it is not reasonably practicable for the meeting to be held in person,

and the arranging authority is satisfied that the conditions in sub-paragraph (4)(a), (c) and (d) are met.]

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 10(3) substituted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(4)(a) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

F2 Word in Sch. 1 para. 10(4) substituted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(4)(b)(i) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

F3 Sch. 1 para. 10(4)(b) omitted (1.9.2023) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(4)(b)(ii) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

F4 Sch. 1 para. 10(4A)-(4E) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(4)(c) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 7, 8 (with reg. 1(4))

F5 Sch. 1 para. 10(5)-(8) omitted (1.9.2023) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(4)(d) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))