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The School Standards and Framework Act 1998 (Commencement No. 7 and Saving and Transitional Provisions) Order 1999

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Exclusion of pupils

4.—(1) In this paragraph “relevant decision” means a decision, which a governing body of a school are required or permitted to make by virtue of any provision in paragraph 2, whether to direct the head teacher to reinstate an excluded pupil.

(2) Where a governing body (or, as the case may be, a committee of the governing body) meet on or before 31st August 1999 to consider the case of an excluded pupil but do not make a relevant decision before 1st September 1999, they may proceed to do so on or after that date provided that no member of the governing body so concerned ceases to be (or is no longer eligible to be) a governor of the school by virtue of any provision of, or made under, the 1998 Act, but otherwise the exclusion shall be considered afresh by a committee of the governing body established (pursuant to regulations under Schedule 11 to the 1998 Act) for the purpose of discharging the functions of governing body under sections 65 to 68 of the 1998 Act.

(3) Any provision referred to in paragraph 2 which requires or permits the governing body of a school to consider whether to make a relevant decision shall, in relation to the case of an excluded pupil which has not been so considered before 1st September 1999, be construed on or after that date as a provision requiring or permitting that case to be considered by a committee of the governing body established (pursuant to regulations under Schedule 11 to the 1998 Act) for the purpose of discharging the functions of governing body under sections 65 to 68 of the 1998 Act.

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