PART 2

CURRICULUM IN MAINTAINED SCHOOLS, MAINTAINED NURSERY SCHOOLS AND FUNDED NON-MAINTAINED NURSERY EDUCATION
CHAPTER 4

CURRICULUM IMPLEMENTATION: EXCEPTIONS

Temporary exceptions for individual pupils and children: supplementary
43
1
This section makes further provision about regulations made under section 42.
2
The regulations must not allow a determination to be made under the regulations on the grounds that a pupil or child has, or may have, additional learning needs (see, instead, section 41).
3
The regulations must specify that that the operative period of a determination made under the regulations is either—
a
a fixed period specified in the determination that does not exceed 6 months, or
b
a period that must be brought to an end (in accordance with the regulations) no later than 6 months from its beginning.
4
But the regulations may specify a different operative period for a determination if that operative period is to begin—
a
immediately after the end of the operative period of a previous determination, or
b
before the end of a period, specified in the regulations, that begins with the end of the operative period of a previous determination.
5
The regulations may enable a person who makes a determination under the regulations—
a
to vary the determination, except in relation to its operative period, or
b
to revoke the determination.
6
The regulations may specify—
a
cases or circumstances in which a determination made under the regulations may be varied or revoked;
b
conditions which must be met before a determination made under the regulations may be varied or revoked.
7
In this section, the “operative period” of a determination means the period for which the determination has effect.