The Education (Pupil Registration) (Amendment) (England) Regulations 2001
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.
4.
“Interpretation2.
In these Regulations—
“the 1998 Act” means the School Standards and Framework Act 19983;“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)
“(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 pupil5.”.
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.
“(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.
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.