4In section 87 of the 1998 Act (no requirement to admit children permanently excluded from two or more schools) for subsection (4) there is substituted—
“(4)However, a child who has been permanently excluded from a school shall not be treated for the purposes of this section as having been so excluded if—
(a)he was reinstated as a pupil at the school following the giving of a direction to that effect by the relevant authority in accordance with regulations under subsection (3)(b) or (c) of section 52 of the Education Act 2002,
(b)on a review of his exclusion carried out in accordance with regulations under subsection (3)(b) of that section or an appeal made pursuant to regulations under subsection (3)(c) of that section, the relevant authority decided—
(i)that it would not be practical to give a direction requiring his reinstatement as a pupil at the school, but
(ii)that it would otherwise have been appropriate to give such a direction, or
(c)he was so excluded at a time when he had not attained compulsory school age.
(4A)In subsection (4) “the relevant authority” means—
(a)the responsible body as defined by subsection (5) of section 52 of the Education Act 2002, or
(b)a panel constituted in accordance with regulations under subsection (3)(c) of that section.”
Commencement Information
I1Sch. 4 para. 4 in force at 20.1.2003 except in relation to W. by S.I. 2002/2952, art. 2
I2Sch. 4 para. 4 in force at 9.1.2004 for W. by S.I. 2003/2961, art. 7, Sch. Pt. IV