(This note is not part of the Regulations)
These Regulations amend the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 (SI 2012/1033) (the ‘2012 Regulations’). The 2012 Regulations set out procedures in relation to exclusions under section 51A of the Education Act 2002, from maintained schools, pupil referral units and academies (Academy schools and alternative provision Academies) in England.
Regulation 4 of these Regulations amends the definition of relevant exclusions in the 2012 Regulations by extending the date by which an exclusion must have taken place, in order to be a relevant exclusion, from 25th September 2020 to 25th March 2021. This has the effect of extending the range of exclusions that are covered by provisions of the 2012 Regulations which enable certain meetings at which an exclusion will be considered, to be held by remote access if certain conditions apply.
Regulations 5 to 9 limit the existing provisions of the 2012 Regulations which extend certain time limits in those Regulations, if they cannot be met for a reason related to incidence and transmission of coronavirus or the practicability of holding a meeting by remote access. The effect is that those extensions of time apply, notwithstanding the amended definition of relevant exclusion referred to above, to exclusions which occurred before 25th September 2020. Regulations 5 to 9 also make alternative provision extending time limits for relevant exclusions which take place on or after that date.
The amendments made by regulations 3 to 9 are required, by regulation 2, to be kept under review during the period starting with 25th September 2020 and ending with 24th March 2021.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
An explanatory memorandum is published alongside these Regulations on www.legislation.gov.uk. Hard copies are available from the Department of Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.