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

The Education (Amount to Follow Permanently Excluded Pupil) Regulations 1999 E+W

1.—(1) The Education (Amount to Follow Permanently Excluded Pupil) Regulations 1999 M1 are amended in relation to England only as follows.

(2) In regulation 2—

(a) at the beginning insert “ (1) ”;

(b) at the end insert—

“(2) Where a permanently excluded pupil to which paragraph (1) applies is subsequently reinstated by the governing body of the excluding school in the financial year in which the exclusion first takes effect, the new authority must pay to the old authority, and the last authority must pay to the old authority, as the case may be, in connection with the provision of education for that pupil in that financial year an amount which is no less than F x (G/H) where—

(a) F is the amount which the old authority has paid to the new authority, or the intermediate authority has paid to the last authority, as the case may be, under paragraph (1);

(b) G is the number of complete weeks remaining in the financial year during which the pupil is reinstated; and

(c) H is the number of complete weeks remaining in the financial year calculated from the relevant date.”.

(3) In regulation 3, for “regulation 2” substitute “ regulation 2(1) ”.

(4) In regulation 4—

(a) omit the “and” after sub-paragraph (a);

(b) in paragraph (c), for “on and after 22nd March 2004” substitute “ in relation to the period commencing on 22nd March 2004 and ending immediately before 1st September 2012 ”;

(c) in paragraph (c) for “appeal.” substitute “ appeal; and ”; and

(d) after paragraph (c) insert—

“(d) on or after 1st September 2012, on the date which is the sixth school day following the date on which the pupil has been permanently excluded.”.

Marginal Citations

M1 S.I.1999/495, as amended in relation to Wales by regulation 10(3) of S.I.2003/3227 and in relation to England by regulation 2(3) of S.I.2004/402. There are other amendments but none are relevant to this instrument.