- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
4.—(1) For the purposes of regulation 3, in the case of a pupil excluded for a fixed period, the “relevant period” is whichever of the following is applicable, and if both are applicable whichever expires the later—
(a)the period of 40 school days beginning with the next school day after the day on which consideration of the exclusion was completed(1) by the governing body (or in the case of an exclusion from a pupil referral unit, the local authority) or, if it was not so considered, the day on which it began;
(b)the period of six months beginning with the day on which a parent of the pupil entered into a parenting contract.
(2) For the purposes of regulation 3, in the case of a pupil excluded permanently, the “relevant period” is whichever of the following is applicable, and if both are applicable whichever expires the later—
(a)the period of 40 school days beginning with the next school day after—
(i)the day on which an appeal panel constituted under regulations made under section 52 of the Education Act 2002(2) decided to uphold the exclusion;
(ii)the day on which the parent stated in writing that the parent does not intend to bring an appeal under those regulations;
(iii)the day on which an appeal brought within the time for bringing an appeal has been abandoned; or
(iv)if there was no appeal (and paragraph (ii) of this sub-paragraph does not apply), the last day on which an appeal could have been brought; or
(b)the period of six months beginning with the day on which a parent of the pupil entered into a parenting contract.
The governing body of a maintained school considers the exclusion under regulation 5 of S.I. 2002/3178, and the local education authority considers a fixed term exclusion from a pupil referral unit under regulation 6 of S.I. 2002/3179.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: