Part II

Further Education and Sixth Form Education: Wales

The local curricula

Head teacher's or principal's decision to remove entitlement
33I
1
If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that a student is no longer entitled to follow a course of study that the student was entitled to follow under section 33F.
2
The grounds referred to in subsection (1) are that—
a
the student's or another person's health or safety would be placed unacceptably at risk if the pupil were to continue to follow the course of study;
b
disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study.
3
Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision—
a
as to the procedure to be followed in connection with the making of decisions;
b
for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;
c
as to the effect of a decision pending determination of an appeal;
d
as to the procedure to be followed in connection with the determination of an appeal.
4
A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.
5
The Welsh Ministers may by order—
a
amend or omit any paragraph of subsection (2);
b
add additional paragraphs to that subsection;
c
amend or omit such additional paragraphs.
Pt. 2 heading substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 49 (with art. 7)
S. 33I inserted (19.1.2011 for specified purposes, 14.2.2011 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 30, 49(2); S.I. 2011/97, art. 2(1)(e)(2)(g)
S. 33A and cross-heading inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 22, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(2)(b)