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The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007

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PART 1Primary Legislation

Education Act 1996

1.  Section 404 of the Education Act 1996(1) applies in relation to the teacher in charge of a unit as it applies in relation to the governing body of a maintained school, but only in relation to pupils who are provided with secondary education at the unit.

2.  Section 405 of that Act applies in relation to units as it applies in relation to maintained schools with the modification that the words “, except so far as such education is comprised in the National Curriculum,” are omitted.

3.  Section 559 of that Act(2) applies in relation to a child who is a registered pupil at a unit as it applies in relation to a child who is a registered pupil at a community, foundation, voluntary or special school.

School Standards and Framework Act 1998

4.  (1)  Section 19 of the School Standards and Framework Act 1998(3) applies in relation to units as it applies in relation to maintained schools in Wales with the following modifications.

(2) Subsection (1) applies if at any time the circumstances set out in section 15(6) of that Act apply in relation to a unit.

(3) In subsection (2) the reference to the governing body in paragraph (a) is omitted, and paragraphs (b) and (c) are omitted.

(4) In subsection (3) the reference to the governing body is omitted.

5.  Section 61 of that Act applies in relation to units as it applies in relation to maintained schools in Wales (within the meaning of Part II of that Act) with the modification that for references to the governing body there are substituted references to the management committee of the unit or, in the case of a unit not having a management committee, the local education authority.

6.  Subsections (1), (2) and (4) of section 62 of that Act apply in relation to units as they apply in relation to maintained schools (within the meaning of Part II of that Act) with the modifications that—

(a)the reference in subsection (2)(b) to the governing body is a reference to the teacher in charge of the unit, and

(b)the reference in subsection (4) to the governing body is omitted.

Education Act 2002

7.  Section 29(3) of the Education Act 2002(4) applies in relation to units as it applies in relation to maintained schools (within the meaning of Chapter 1 of Part 3 of that Act).

8.  Section 30(4) of that Act applies in relation to units as it applies in relation to maintained schools (within the meaning of Chapter 1 of Part 3 of that Act) with the modification that the words “the governing body or (as the case may be)” and “the governing body or” are omitted.

9.  Section 32 of that Act applies in relation to units as it applies in relation to schools mentioned in section 32(1) with the modification that in section 32(1)(b), in the case of a unit having a management committee, the local education authority together with the management committee shall determine the times of the school sessions.

10.  Section 101(1)(d) of that Act applies in relation to units as it applies in relation to special schools.

Education Act 2005

11.  (1)  Part 1 of the Education Act 2005(5) applies in relation to units as if they were maintained schools to which section 28 of that Act applies with the following modifications.

(2) Chapters 1 and 2, sections 36(3)(c), 39(9), 40, 48, 49 and 50 and paragraph 3(5)(c) of Schedule 4 are omitted.

(3) For section 38(3)(c), there is substituted “the local education authority”.

(4) For section 39(3)(b), there is substituted the “teacher in charge of the unit”.

(5) In section 43 and in Schedule 4, in relation to a unit, “appropriate authority” means the local education authority.

(1)

Section 404 was amended by paragraph 103 of Schedule 30, and Schedule 31 to, the School Standards and Framework Act 1998 (c. 31), and section 148(1) and (6) of the Learning and Skills Act 2000 (c. 21).

(2)

Section 559 was amended by paragraph 171 of Schedule 30 to the School Standards and Framework Act 1998.

(3)

1998 c. 31. Section 19 was amended by section 149 of, and paragraph s 1 and 79 of the Learning and Skills Act 2000 (c. 21) and by section 45 of the Education Act 2005.

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