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

The Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007 E+W

8.—(1) The Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007 M1 are amended as follows.

(2) In regulation 2—

(a) in paragraph (2)(a)—

(i) for “sections” substitute “ section ”; and

(ii) omit “and 111 (meaning of relevant school)”; and

(b) for paragraph (2)(b) substitute—

“(b) as defined in section 111 (meaning of relevant school) of the 2006 Act for purposes relating to the duties imposed by section 19(1) and (3A) of the 1996 Act (exceptional provision of education in pupil referral units or elsewhere).”.

(3) In regulation 4—

(a) in paragraph (1), after “excluded from a relevant school” omit “or pupil referral unit”; and

(b) in paragraph (3)(a) omit “or a pupil referral unit”.

(4) For regulations 6 and 7 substitute—

“Prescribed time for head teacher to give notice to the parent in relation to exclusion of a pupil of compulsory school age

6.— (1) Paragraphs (2) and (3) prescribe the time by which the head teacher must give the parent a notice in writing under section 104(1) of the 2006 Act.

(2) The notice must be provided without delay and no later than the end of the afternoon session of the first day on which the pupil is excluded.

(3) But where the information prescribed by section 104(2) of the 2006 Act and regulation 7 is not reasonably ascertainable by that time, the information must be provided in a further notice without delay and not less than 48 hours before the start of that suitable full-time education.

(4) Where suitable full-time education for a pupil of compulsory school age who is excluded from the school may start before the relevant day, the 48 hour time limit in paragraph (3) may be waived with the parent's consent.

(5) In this regulation, “relevant day” has the meaning given in regulation 3.

Other prescribed information to be provided in a notice relating to an excluded pupil

7.   The following information is prescribed as the other information (in addition to that prescribed by sections 104(2) and (3) of the 2006 Act) which the head teacher must give to the parent in writing under section 104(1) of the 2006 Act—

(a) the address at which suitable full-time education is to be provided for the pupil;

(b) particulars identifying the person to whom the pupil should report on first attending that address for the purpose of receiving suitable full-time education;

(c) in relation to that suitable-full-time education—

(i) where 2 sessions per day are provided, the times at which the morning session commences, the afternoon session ends and the break between them commences and ends; or

(ii) where a single session per day is provided, the times at which the session commences and ends.”.

(5) For regulation 8(a) substitute—

“(a) a notice given to the parent in accordance with regulations made by virtue of section 51A(3)(a) of the Education Act 2002; and”.

(6) Omit regulation 10.

Marginal Citations

M1 S.I.2007/1870, to which there are amendments not relevant to this instrument.