Regulation 8
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F1Sch. para. 1 omitted (8.4.2024) by virtue of The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 10(2) (with reg. 2)
[F21A. In paragraph 1(1)—E+W
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for “6(6)(b)” there is substituted “7(6)(b)”.]
Textual Amendments
F2Sch. para. 1A inserted (8.4.2024) by The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 10(3) (with reg. 2)
F3Sch. para. 1A(a) omitted (1.8.2025) by virtue of The Amendments to Subordinate Legislation (Miscellaneous Corrections) (Wales) Regulations 2025 (S.I. 2025/805), regs. 1(2), 3
F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Textual Amendments
F4Sch. para. 2 omitted (8.4.2024) by virtue of The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 10(4) (with reg. 2)
3. For “regulation 7(1)” in each place where it occurs, there is substituted “regulation 8(1)”.E+W
Commencement Information
I1Sch. para. 3 in force at 9.1.2004, see reg. 1(1)
4. For paragraph 2(7) there is substituted —E+W
“(7) The following persons are disqualified for membership of an appeal panel —
(a)any member of the [F5local authority] or of the management committee F6... of the pupil referral unit in question;
(b)the teacher in charge of, or any teacher at, the pupil referral unit in question or any person who has held any such position within the previous five years;
(c)any person employed by the [F5local authority], other than a person employed as a head teacher or a teacher;
(d)any person who has, or at any time has had, any connection with —
(i)the [F5local authority] or the pupil referral unit, or with any person within paragraph (b) or (c), or
(ii)the pupil in question or the incident leading to [F7the pupil’s] exclusion,
of a kind which might reasonably be taken to raise doubts about [F8the person’s] ability to act impartially.”.
Textual Amendments
F5Words in Regulations substituted (5.5.2010) by The Local Education Authorities and Childrens Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), 2(3)
F6Words in Sch. para. 4 omitted (8.4.2024) by virtue of The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 10(5)(a) (with reg. 2)
F7Words in Sch. para. 4 substituted (8.4.2024) by The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 10(5)(b) (with reg. 2)
F8Words in Sch. para. 4 substituted (8.4.2024) by The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 10(5)(c) (with reg. 2)
Commencement Information
I2Sch. para. 4 in force at 9.1.2004, see reg. 1(1)
5. For paragraph 10(2) there is substituted —E+W
“(2) The panel must also allow —
(a)the teacher in charge to make written representations, to be represented and to appear and make oral representations, F9...
[F10(aa)the management committee to make written representations, to be represented and to appear and make oral representations, and]
(b)the [F11local authority] to make written representations F12..., to be represented and to appear and make oral representations.”.
Textual Amendments
F9Word in Sch. para. 5 omitted (8.4.2024) by virtue of The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 10(6)(a) (with reg. 2)
F10Words in Sch. para. 5 inserted (8.4.2024) by The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 10(6)(b) (with reg. 2)
F11Words in Regulations substituted (5.5.2010) by The Local Education Authorities and Childrens Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), 2(3)
F12Words in Sch. para. 5 omitted (8.4.2024) by virtue of The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 10(6)(c) (with reg. 2)
Commencement Information
I3Sch. para. 5 in force at 9.1.2004, see reg. 1(1)
[F136. In paragraph 14(a), for “the governing body and the head teacher” there is substituted “the management committee and the teacher in charge”.]E+W
Textual Amendments
F13Sch. para. 6 substituted (8.4.2024) by The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 10(7) (with reg. 2)
Commencement Information
I4Sch. para. 6 in force at 9.1.2004, see reg. 1(1)