The Education (Provision of Full-Time Education for Excluded Pupils) (England) (Amendment) Regulations 2014

Statutory Instruments

2014 No. 3216

Education, England

The Education (Provision of Full-Time Education for Excluded Pupils) (England) (Amendment) Regulations 2014

Made

3rd December 2014

Laid before Parliament

5th December 2014

Coming into force

5th January 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 19(3B) and 569(4) of the Education Act 1996(1) and sections 100(2) and 181(2) of the Education and Inspections Act 2006(2).

Citation and commencement

1.  These Regulations may be cited as the Education (Provision of Full-Time Education for Excluded Pupils) (England) (Amendment) Regulations 2014 and come into force on 5th January 2015.

Amendment to the Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007

2.—(1) The Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007(3) are amended as follows.

(2) In regulations 3(3) and 4(3)(b), for “school day of the exclusion” substitute “consecutive school day of exclusion, regardless of whether the pupil has been excluded for a single fixed period or more than one fixed period”.

Nick Gibb

Minister of State

Department for Education

3rd December 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007 (“the 2007 Regulations”). The effect of the amendment is that consecutive periods of exclusion are considered as one continuous period for the purposes of making arrangements for the provision of suitable full-time education for a pupil of compulsory school age who is excluded for a fixed period on disciplinary grounds.

Regulation 2 of these Regulations provides that “the relevant day” as defined in regulation 3(3) and 4(3)(b) of the 2007 Regulations (the day from which suitable full-time education must be provided for a pupil excluded from a relevant school or a pupil referral unit) is the sixth consecutive school day of exclusion, regardless of whether the pupil has been excluded for one or more fixed periods.

An impact assessment has not been produced for this instrument because no impact on the private or voluntary sectors is expected.

(1)

1996 c. 56; section 19(3B) was inserted by section 101(2) of the Education and Inspections Act 2006 (c. 40) and amended by section 3(4) of the Children, Schools and Families Act 2010 (c. 26).

(2)

2006 c. 40.

(3)

S.I. 2007/1870.