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The Education (Pupil Registration) (Wales) Regulations 2010

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9.—(1) Where a pupil is registered at a pupil referral unit and at a school other than a pupil referral unit, the name of that pupil must not be removed from the admission register of either the pupil referral unit or the school pursuant to regulation 8(1)(b) without the consent of both the local authority by which the pupil referral unit is maintained and the proprietor of the school.

(2) Subject to paragraph (3) where a pupil—

(a)is registered as a pupil at a special school (including a special school established in a hospital) and at another school (other than a pupil referral unit), and

(b)there is not maintained for that pupil a statement of special educational needs specifying the name of the special school only,

the name of that pupil must not be removed from the admission register of either school pursuant to regulation 8(1)(b) without the consent of the proprietor of both schools.

(3) Where a pupil is registered as a pupil at a special school established in a hospital and at another special school the name of that pupil must not be removed from the admission register of either school pursuant to regulation 8(1)(b) without the consent of the proprietor of both schools.

(4) This paragraph applies to a pupil who—

(a)has no fixed abode for the reason that his or her parent is engaged in a trade or business of such a nature as to require him or her to travel from place to place; and

(b)is at any time registered as a pupil at two or more schools.

(5) The name of a pupil to whom paragraph (4) applies must not be deleted from the admission register of a school pursuant to regulation 8(1)(b) while he or she is attending that school.

(6) The name of a pupil to whom paragraph (4) applies must not be deleted from the admission register of that pupil’s school of ordinary attendance pursuant to regulation 8(1)(b) or (c).

(7) Subject to paragraph (8) for the purposes of paragraph (6), a school is a pupil’s school of ordinary attendance if, during the immediately preceding 18 months, it is the school which the pupil has attended during periods when his or her parent is not travelling in the course of trade or business.

(8) In any case in which two or more schools fulfil the definition of a school of ordinary attendance in paragraph (7), paragraph (6) applies only in respect of the school which fulfils the definition most recently.

(9) The requirements to obtain consent in paragraphs (1) to (3) do not apply in cases covered by regulation 8(1)(j) and (m).

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