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5. In regulation 9 (transfer of information when a pupil changes school)—
(a)for paragraph (1) substitute the following paragraph—
“(1) In this regulation—
(a)“common transfer file” means a record of the information set out in Schedule 2, and
(b)“governing body” means, in relation to a pupil referral unit, the management committee.”;
(b)in paragraph (3) for “maintained school” substitute “school maintained by a local education authority”;
(c)after paragraph (3) insert the following paragraphs—
“(3A) Paragraph (3B) applies where a pupil becomes registered at a school maintained by a local education authority (“the second school”) and remains registered at another such school (“the first school”).
(3B) Subject to paragraph (8), the governing body of the first school or, where this has been agreed between that governing body and the local education authority which maintains the first school, that authority shall send a copy of the pupil’s common transfer file and educational record to the responsible person of the second school no later than fifteen school days after the date on which the head teacher of the first school learned of the second registration.”;
(d)in paragraph (4) after “the new school” insert “or, as the case may be, the first school or the second school”;
(e)in paragraph (8)—
(i)for “maintained school” substitute “school maintained by a local education authority”;
(ii)for “paragraph (3)” substitute “paragraph (3) or (3B)”;
(f)in paragraph (10) —
(i)after “old school” insert “or first school”;
(ii)after “old school’s” insert “or first school’s”.
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