The Education (Pupil Registration) (Amendment) (England) Regulations 2001

Statutory Instruments

2001 No. 2802

EDUCATION, ENGLAND

The Education (Pupil Registration) (Amendment) (England) Regulations 2001

Made

25th July 2001

Laid before Parliament

3rd August 2001

Coming into force

1st September 2001

In exercise of the powers conferred on the Secretary of State by sections 434(1) and (3) and 551(1) of the Education Act 1996(1) the Secretary of State for Education and Skills hereby makes the following Regulations:

Citation, commencement and application

1.  These Regulations may be cited as the Education (Pupil Registration) (Amendment) (England) Regulations 2001 and shall come into force on 1st September 2001.

2.  These Regulations apply only in relation to England.

Amendment

3.  The Education (Pupil Registration) Regulations 1995(2) shall be amended as follows in relation to England.

4.  For regulation 2 (Interpretation) there shall be substituted the following regulation—

Interpretation

2.   In these Regulations—

“the 1998 Act” means the School Standards and Framework Act 1998(3);

“maintained school” means a school maintained by a local education authority;

“proprietor” in relation to a school, means the person or body of persons responsible for the management of the school (so that, in relation to a community, foundation or voluntary school or a community or foundation special school, it means the governing body);

“the relevant person” means—

(a)

in relation to a pupil under the age of 18, a parent of his;

(b)

in relation to a pupil who has attained that age, the pupil himself.”.

5.  In regulation 7 (Contents of the Attendance Register)—

(a) in paragraph (3)(c), for the words “who” to “because” there shall be substituted “to whom regulation 10(3A) applies”;

(b) for paragraph (4A)(4) there shall be substituted the following—

“(4A) An approved educational activity is either—

(a) an activity which takes place outside the school premises and which is—

(i) approved by a person authorised in that behalf by the proprietor of the school;

(ii) of an educational nature, including work experience under section 560 of the Education Act 1996 and a sporting activity; and

(iii) supervised by a person authorised in that behalf by the proprietor or the head teacher of the school; or

(b) in the case of a pupil, other than a pupil to whom regulation 10(3A) applies, that pupil’s attendance at another school at which he is a registered pupil(5).”.

6.  In regulation 8 (Leave of absence), in paragraph (2)(c), for the words “a police magistrate as defined in paragraph (9) of that section” there shall be substituted the words “a justice of the peace”.

7.  In regulation 9 (Deletions from Admissions Register), for paragraph (4)(d), there shall be substituted—

“(d) the permanent exclusion of a pupil does not take effect until the governing body have discharged their duties under section 66 of the 1998 Act, and—

(i) the relevant person has stated in writing that he does not intend to bring an appeal under section 67 of the 1998 Act;

(ii) the time for bringing an appeal has expired and no appeal has been brought within that time; or

(iii) an appeal brought within that time has been determined or abandoned.”.

8.  In regulation 16 (Use of Computers), in paragraph (6), for “Data Protection Act 1984” there shall be substituted “Data Protection Act 1998”(6).

Catherine Ashton

Parliamentary Under-Secretary of State,

Department for Education and Skills

25th July 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Pupil Registration) Regulations 1995 (No. 2089) in relation to England.

The effect of regulation 5, in the case of a pupil who is registered as a pupil at more than one school (except one who has no fixed abode because of the itinerant nature of his parent’s trade or business), is to change the way the pupil’s absence from one of those schools on account of his attendance at another such school is recorded in a school’s attendance register. In these circumstances the pupil’s absence will be recorded as an approved educational activity rather than as an authorised absence.

Regulation 6 takes account of the amendment of section 25 of the Children and Young Persons Act 1933 (c. 12) by regulation 5 of the Children (Protection at Work) Regulations 1998 (No. 276).

Regulation 7 takes account of the provisions in the School Standards and Framework 1998 (c. 31) in relation to when the permanent exclusion of a pupil takes effect.

(1)

1996 c. 56; by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), the powers conferred by these provisions are exercisable by the Secretary of State only in relation to England. For the definition of “prescribed” and “regulations” see section 579(1).

(2)

S.I. 1995/2089; amended by S.I. 1997/2624 and S.I. 1999/2627. The powers under which these regulations were made were repealed by the Education Act 1996, section 582(2) and Schedule 38 and, by virtue of section 582(3) of, and paragraph 1(2) of Schedule 39 to, that Act, the Regulations now have effect under sections 434 and 551 of that Act.

(3)

1998 c. 31.

(4)

Paragraph (4A) was inserted by S.I. 1997/2624.

(5)

The absence of a pupil to whom regulation 10(3A) applies (a traveller child) to attend another school at which he is a registered pupil will be recorded not as an approved educational activity but as an authorised absence; see the amendment to regulation 7(3)(c) of S.I. 1995/2089 as effected by regulation 5(a) of these Regulations.

(6)

1998 c. 29.