EXPLANATORY NOTE
(This note is not part of the Regulations)
Section 19 of the Education Act 1996 (“EA 1996”) requires local authorities (LAs) to make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise may not for any period receive suitable education unless such arrangements are made for them. Any school established and maintained by a local authority which is specially organised to provide education for such children is known as a pupil referral unit (“a unit” – see section 19(2B) of EA 1996). Paragraph 3 of Schedule 1 to EA 1996 provides for adaptations and modifications of the application of enactments to units. Paragraph 15 of Schedule 1 to EA 1996 provides that regulations may make provision for the delegation of LA functions, or for the prohibition of delegation of LA functions, to units’ management committees (MCs).
Regulation 2 amends the Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007 (“the MCR”). The amendments to regulation 22 of the MCR alter the functions which LAs must delegate, and are prohibited from delegating, to MCs. Schedule 3 to the MCR is amended in order to modify further the way that the School Governance (Procedures) (England) Regulations 2003 apply to units.
Regulation 3 amends the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007. These amendments further modify the application of enactments in relation to units. The main changes are: (i) amending the way that paragraph 3 of Schedule 1 to the Education Act 2002 (powers of governing bodies) applies to units; and (ii) applying the School Staffing (England) Regulations 2009 to units with modifications.
An impact assessment has not been produced for this instrument as no impact on businesses or civil society organisations is foreseen.