The Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007

Regulation 21

SCHEDULE 3 Application, with modifications, of the School Governance (Procedures) (England) Regulations 2003

1.  Wherever they appear—

(a) for references to the “governing body” substitute references to the “committee”;

(b) for references to a “governor” substitute references to a “member”;

(c) for references to the “school” substitute references to the “unit or, as the case may be, the group of units”; and

(d) for references to a “committee” substitute references to a “sub-committee of the committee”.

(e) omit references to associate members.

Introduction

2.  In regulation 3(2)—

(a) in sub-paragraph (a) omit “statutory”,

(b) after a sub-paragraph (b) insert—

“(bb) the functions of the committee is a reference to the functions conferred on, or applied to, the committee by any enactment and functions delegated to the committee by the local education authority; ”.

Meetings, proceedings and sub-committees

3.  In regulation 5(1) and (6), omit “and to section 67 of the 2006 Act”.

4.  In regulation 5(5)(c), omit “or replaced by a chair nominated by the Secretary of State pursuant to section 67 of the 2006 Act”.

In regulation 7(1), omit “unless he has been nominated by the Secretary of State pursuant to section 67 of the 2006 Act”.

5.  In regulation 8—

(a) in paragraph (1) omit “with the governing body or”;

(b) in paragraph (2) for “The governing body shall” substitute “The authority shall”;

(c) in paragraph (3) for sub-paragraph (c) substitute—

“(c) the teacher in charge of the unit or, as the case may be, of any unit in the group of units.”;

(d) in paragraph (5) for “The governing body may” substitute “The authority may”; and

(e) omit paragraph (6).

6.  In regulation 9 for sub-paragraph (e)(i) substitute—

“(i) regulations 15 (Notification of appointments) and 18 (Resignation) of, and paragraph 11 of Schedule 2 (Notification of Disqualification to clerk or expected or is any teacher he sure) to the Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007; and”.

7.  In regulation 10 for sub-paragraph (1)(b) substitute—

“(b) the teacher in charge of the unit or, as the case may be, of each unit in the group of units, whether or not he is a member;”.

8.  In regulation 11—

(a) in paragraph (4) for sub-paragraph (b) substitute—

“(b) the teacher in charge of the unit or, as the case may be, of each unit in the group of units, whether or not he is a member;”; and

(b) in paragraph (5) omit sub-paragraph (c).

9.  In regulation 12 omit paragraph (4).

10.  In regulation 15—

(a) in sub-paragraph (1)(b) for “Schedule 6 to the Constitution Regulations” substitute “Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007”;

(b) in sub-paragraph (1)(c) omit “or with the religious character”; and

(c) in sub-paragraph (5) for “paragraph 5 of Schedule 6 to the Constitution Regulations” substitute “paragraph 4 of Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007”.

11.  In regulation 16(1)—

(a) omit the words from “regulation 3(2)” to “2003”; and

(b) for sub-paragraph (c) substitute—

“(c) the teacher in charge of the unit or, as the case may be, of any of the units in the group of units, whether or not he is a member.”.

12.  Omit regulation 17(1), (3) and (4).

13.  In regulation 18, for sub-paragraph (1)(b) substitute—

“(b) the teacher in charge of the unit or, as the case may be, of any of the units in the group of units, whether or not he is a member;”.

14.  In regulation 21—

(a) for paragraph (1) substitute—

“(1) The authority shall appoint a clerk to each sub-committee, who must not be the teacher in charge of the unit or, as the case may be, of any unit in the group of units.”; and

(b) in paragraph (3) for “governing body” substitute “authority” and omit “of their”.

15.  Omit regulation 22.

16.  In regulation 23 for sub-paragraph (1)(b) substitute—

“(b) the teacher in charge of the unit or, as the case may be, of each unit in the group of units, whether or not he is a member of the sub-committee;”.