Amendments to regulation 7 of the 2003 PRU Regulations

6.—(1) Regulation 7 (functions of local authority in relation to pupils excluded for a fixed period) of the 2003 PRU Regulations is amended as follows.

(2) In the heading—

(a) for “local authority” substitute “management committee”;

(b) for “pupils excluded for a fixed period” substitute “excluded pupils”.

(3) For paragraph (1) substitute—

“(1) Paragraphs (2) to (6) apply where the management committee is informed under regulation 5(3) of—

(a) the permanent exclusion of a pupil,

(b) a decision that any exclusion of a pupil should be made permanent, or

(c) the exclusion of any pupil, and the circumstances are that the pupil would, as a result of the exclusion—

(i) be excluded from the pupil referral unit for a total of more than 15 school days in any one term, or

(ii) lose an opportunity to take a public examination.”

(4) In paragraph (2)—

(a) in the words before sub-paragraph (a), for “local authority” substitute “management committee”;

(b) in sub-paragraph (b)—

(i) in the words before sub-paragraph (b)(i), for “local authority” substitute “management committee”;

(ii) at the end of paragraph (ii) omit “and”;

(iii) at the end of paragraph (iii), for “;” substitute “, and”;

(iv) after paragraph (iii) insert—

“(iv) by the local authority;”;

(c) in sub-paragraph (c)—

(i) at the beginning insert “convene a meeting and”;

(ii) at the end of paragraph (ii) omit “and”;

(iii) after paragraph (iii) insert—

“and

(iv) an officer of the local authority nominated by the authority,”;

(iv) for “a meeting with the local authority” substitute “that meeting”.

(5) In paragraph (3)—

(a) for “local authority” substitute “management committee”;

(b) in the English language text, for “he or she” substitute “the pupil”.

(6) In paragraph (4)—

(a) in the words before sub-paragraph (a) for “local authority” substitute “management committee”;

(b) in sub-paragraph (b), after “relevant person” insert “and the local authority”.

(7) In paragraph (5), for “local authority” substitute “management committee”.

(8) In paragraph (6)—

(a) for “local authority” substitute “management committee”;

(b) for the words from “without delay” to the end substitute—

“without delay—

(a) inform the relevant person, the teacher in charge and the local authority of their decision, and

(b) in addition, in the case of a pupil who is permanently excluded, give the relevant person notice in writing referring to that decision and stating the following matters—

(i) the reasons for the decision,

(ii) the relevant person’s right to appeal against the decision,

(iii) the person to whom the relevant person should give any notice of appeal,

(iv) that any notice of appeal must contain the grounds of appeal, and

(v) the last date on which an appeal may be made.”

(9) In paragraph (7)(b), for “local authority” substitute “management committee”.

(10) In paragraph (8)—

(a) for “local authority” substitute “management committee”;

(b) in sub-paragraph (b), after “in the case of” insert “a permanent exclusion or”;

(c) in the words after sub-paragraph (c), for “5(2)” substitute “5(3)”.

(11) In paragraph (9)—

(a) omit “for a fixed period”;

(b) in the English language text, for “he or she” substitute “the pupil”;

(c) for “local authority” substitute “management committee”.

(12) In paragraph (10), for “local authority” substitute “management committee”.

(13) After paragraph (10) insert—

“(11) The notice in writing referred to in paragraph (6)(b) may be given either—

(a) by delivering it by hand to the relevant person’s last known address, or

(b) by sending it by first class post in a properly addressed, pre-paid envelope to the relevant person’s last known address.”