SCHEDULE 1ENACTMENTS APPLYING WITH MODIFICATIONS IN RELATION TO UNITS
PART I—PRIMARY LEGISLATION
Education Act 1944 (c. 31)41
Section 59 of the Education Act 1944 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 county, voluntary or special school.
Education (No. 2) Act 1986 (c. 61)52
1
The functions which are required to be conferred or imposed by the provisions specified in the table below in relation to county, controlled and maintained special schools by articles of government have effect in relation to units as if conferred or imposed directly by those provisions, with the modification that references in those provisions to the head teacher in relation to a school are to be construed as references to the teacher in charge in relation to a unit, and with the further modifications specified in the table.
Provisions of the Education (No. 2) Act 1986 | Modifications |
|---|---|
Section 18(1) | The substitution for the reference to the governing body of a reference to the teacher in charge of a unit. |
Section 18(2)6 | The application of this subsection only in relation to the curriculum for pupils other than those who are provided with secondary education at a unit, and the substitution for the reference to the governing body of a reference to the teacher in charge of a unit. |
Section 18(3)7 | The substitution for the reference to the governing body of a references to the teacher in charge of a unit, and the omission of the words “to do so in consultation with the head teacher and” in subsection (3)(a). |
Section 18(5) | |
Section 18(6)(b) and (c)(iii) | |
Section 18(7) | The substitution for the reference to the governing body of a reference to the teacher in charge of a unit, and the omission of the words from “and for it to be their duty” to the end of the subsection. |
Section 21(1)8 | |
Section 21(2) | The substitution for the reference to the governing body of a reference to the local education authority, and the omission of the words from “and, where the governing body” to the end of the subsection. |
Section 21(5) | The substitution for the reference to the governing body of a reference to the local education authority. |
Section 22(a) to (e)9 | The substitution for the references to the governing body of references to the local education authority. |
Secton 23 | The omission of the words “the governing body and” in paragraph (a)(iii) and the omission of the words “and the governing body” after paragraph (b)(ii). |
Section 24(a)10 | The substitution for the references to the governing body of references to the teacher in charge of a unit. |
Section 24(b) | The omission of the words “the governing body or”, and the omission of the words from “in the case of an exclusion for a fixed period” to the end of the paragraph. |
Section 24(h) | The omission of the words “the governing body and” and “each other and”. |
Section 32(1)(b) | The omission of references to the governing body. |
2
Section 28(1), (3) and (4) of the Education (No. 2) Act 1986 apply in relation to a unit with the modifications that the reference to the governing body in subsection (3)(b) shall be construed as a reference to the teacher in charge of a unit, and the substitution in subsection (4) of “teacher in charge of a unit” for “governing body or head teacher”.
Education Reform Act 1988 (c. 40)3
1
Section 2(1)(ab) of the Education Reform Act 198811 applies in relation to a unit as it applies in relation to a special school.
2
Section 17A of the Act12 applies in relation to a unit with the modification that the words “, except so far as such education is comprised in the National Curriculum,” are omitted.
Education Act 1993 (c. 35)4
The duty under section 241(5) of the Education Act 1993 applies in relation to a unit to the teacher in charge as it applies in relation to a maintained special school to the governing body, that is to say, only in relation to pupils who are provided with secondary education at the unit.
PART II—SUBORDINATE LEGISLATION
Scholarships and Other Benefits Regulations 1977135
Regulation 4(a) of the Scholarships and Other Benefits Regulations 1977 applies in relation to a pupil attending a unit as it applies in relation to a pupil attending a county, voluntary, grant-maintained or special school.
Education (Teachers) Regulations 1993146
1
In regulation 3 of the Education (Teachers) Regulations 1993 the “recommending body” in the case of a unit means the local education authority.
2
Paragraph 3 of Schedule 2 to those Regulations applies in relation to a unit with the modifications that—
a
in the case of a unit the local education authority shall be satisfied as to the qualifications or, as the case may be, experience of the unqualified teacher, and
b
the words “licensed teacher” in sub-paragraphs (1)(b) and (2) are omitted.
The Education (School Inspection) (Wales) (No. 2) Regulations 1993157
Regulations 3, 7(3)(b), (4)(b), (5) and (7) and 8 of the Education (School Inspection) (Wales) (No. 2) Regulations 1993.
The Education (School Inspection) (No. 2) Regulations 1993168
Regulations 3, 7(3)(b), (4)(b), (5) and (7) and 8 of the Education (School Inspection) (No. 2) Regulations 1993.
Education (Individual Pupils' Achievement) (Information) Regulations 1993179
The provisions of the Education (Individual Pupils' Achievements) (Information) Regulation 1993 specified in the table below apply in relation to a pupil at a unit as they apply in relation to a pupil at a maintained school (within the meaning of regulation 3 of those Regulations) with the modifications that references to the head teacher shall be read as references to the teacher in charge of a unit and with the further modifications specified in the table.
Provisions | Modification |
|---|---|
Regulation 3 | |
Regulation 4 | The application of paragraph (3)(a) only in so far as it relates to the provision of the information described in paragraph 3 of Schedule 1 in relation to a pupil in the year in which he ceases to be of compulsory school age, and the omission of paragraphs (3)(b) and (4). |
Regulation 6 | |
Regulation 7 | The application of this regulation where a registered pupil at a unit becomes a registered pupil at another school, whether or not he ceases to be a registered pupil at the unit; and where a registered pupil at a maintained school other than a unit becomes a registered pupil at a unit, whether or not he ceases to be a registered pupil at the school; and the insertion in paragraph (3) after “at the school” of “; but where a pupil becomes registered at a school (including a pupil referral unit) (“the second school”) and remains registered at another school (including a pupil referral unit) (“the first school”), the head teacher of the first school shall within 15 days of learning of the second registration send the report to the head teacher of the second school”. |
Regulation 8 | |
Regulation 9 | |
Paragraph 3 of Schedule 1 | The application of this paragraph in relation to a pupil at a unit in the year in which he ceases to be of compulsory school age. |
Parts 2 to 4 of Schedule 1 | The omission in paragraph 4(2) of the word “foundation” and of the words from “together with” to the end of the sub-paragraph; the omission of paragraph 4(3); the omission in paragraph 7(1) of the words “not mentioned elsewhere in the Schedule”. |
Schedule 3
Education (Individual Pupils' Achievements) (Information) (Wales) Regulations 19941810
The provisions of the Education (Individual Pupils' Achievements) (Information) (Wales) Regulations 1994 specified in the table below apply in relation to a pupil at a unit as they apply in relation to a pupil at a maintained school (within the meaning of regulation 2 of those Regulations) with the modification that references to the head teacher shall be read as references to the teacher in charge of a unit and with the further modifications specified in the table.
Provisions | Modification |
|---|---|
Regulation 2 | |
Regulation 3 | The application of paragraph (3)(a) only in so far as it relates to the provision of the information described in paragraph 3 of Schedule 1 in relation to a pupil in the year in which he ceases to be of compulsory school age, and the omission of paragraphs (3)(b) and 4. |
Regulation 5 | |
Regulation 6 | The application of this regulation where a registered pupil at a unit becomes a registered pupil at another school, whether or not he ceases to be a registered pupil at the unit; and where a registered pupil at a maintained school other than a unit becomes a registered pupil at a unit, whether or not he ceases to be a registered pupil at the school; and the insertion in paragraph (3) after “at the school” of “; but where a pupil becomes registered at a school (including a pupil referral unit) (“the second school”) and remains registered at another school (including a pupil referral unit) (“the first school”), the head teacher of the first school shall within 15 days of learning of the second registration send the report to the head teacher of the second school”. |
Regulation 7 | |
Regulation 8 | |
Paragraph 3 of Schedule 1 | The application of this paragraph in relation to a pupil at a unit in the year in which he ceases to be of compulsory school age. |
Parts 2 to 4 of Schedule 1 | The omission in paragraph 4(2) of the word “foundation” and of the words from “together with” to the end of the sub-paragraph; the omission of paragraph 4(3); the omission in paragraph 7(1) of the words “not mentioned elsewhere in the Schedule”. |
Schedule 3 |
Education (School Information) (England) Regulations 199411
Regulation 4 of the Education (School Information) (England) Regulations 1994 applies in relation to a unit with the modification that the references to governing bodies are omitted.
Education (School Teachers' Pay and Conditions) (No. 2) Order 19941912
The Education (School Teachers' Pay and Conditions) (No. 2) Order 1994 has effect in relation to a teacher at a unit with the following modifications—
a
in Parts II to VII of the School Teachers' Pay and Conditions Document 199420, a teacher at a unit (including a teacher in charge of a unit) shall be treated as an unattached teacher, and
b
in paragraph 1.2 of the Document, the “relevant body” in the case of a teacher at a unit means the local education authority.
SCHEDULE 2ENACTMENTS NOT APPLYING IN RELATION TO UNITS
PART I—PRIMARY LEGISLATION
The Education Act 1980211
A unit is not a school for the purposes of sections 6 and 7(1) of the Education Act 1980.
PART II—SUBORDINATE LEGISLATION
Education (School Premises) Regulations 1981222
Regulations 4, 5, 6, 8, 9 and 13 of, and Schedules 2, 3 and 4 to, the Education (School Premises) Regulations 1981.
Education (Schools and Further Education) Regulations 1981233
Regulation 10 of the Education (Schools and Further Education) Regulations 1981.
Education (Teachers) Regulations 19934
Paragraphs 2 and 4 to 11 of Schedule 2 to the Education (Teachers) Regulations 1993.
Education (School Information) (England) Regulations 19945
Regulations 5, and 8 to 11 of, and Schedule 2 to, the Education (School Information) (England) Regulations 1994.
SCHEDULE 3
The Education (School Information) (England) Regulations 1994 are amended by—
a
the insertion in regulation 7(2) after “special educational provision” of “or provision to which section 298 of the Education Act 1993 applies (education provided in a pupil referral unit or otherwise than at school)”,
b
the insertion in regulation 7(3)(a)(ii) after “special school” of “or a pupil referral unit”,
c
the insertion in regulation 7(3)(b) after “special schools” of “or pupil referral units”,
d
the insertion in paragraph 3 of Schedule 1 after “special school” of “and a pupil referral unit”,
e
the insertion in paragraph 6 after “special schools” of “or pupil referral units”, and
f
the insertion after paragraph 19 of Schedule 1 of—
PART IIIEXCEPTIONAL PROVISION OF EDUCATION IN SCHOOL OR ELSEWHERE
20
The authority’s general arrangements and policies in respect of the provision of education to which section 298 of the Education Act 1993 applies (education provided in a pupil referral unit or otherwise than at school).