The Education (Educational Provision for Improving Behaviour) (Amendment) Regulations 2012

Citation and commencement

1.  These Regulations may be cited as the Education (Educational Provision for Improving Behaviour) (Amendment) Regulations 2012 and come into force on 1st January 2013.

Amendment of the Education (Educational Provision for Improving Behaviour) Regulations 2010

2.  The Education (Educational Provision for Improving Behaviour) Regulations 2010(1) are amended as follows.

3.  In regulation 3, omit paragraph (5).

4.  In regulation 4(1) for sub-paragraph (a), substitute—

“(a) holding review meetings at such intervals as they, having regard to the needs of the pupil, consider appropriate; and”

5.  After regulation 4 insert—

“Persons who may request a review meeting

4A.— (1) Where a governing body have imposed a requirement upon a pupil under section 29A(1) of the 2002 Act—

(a) the relevant person; and

(b) in a case where a statement of special educational needs is maintained for the pupil, the local authority maintaining that statement,

may request a review meeting.

(2) A request for a review meeting under paragraph (1)(a) or (b) must be made in writing to the governing body.

(3) Where a request is made under paragraph (1) (a) or (b) the governing body must carry out a review meeting, in accordance with regulation 5, as soon as reasonably practicable.

(4) There is no requirement on the governing body to carry out a review meeting following a request under paragraph (1)(a) or (b) if there has been a review meeting during the period of 10 weeks preceding the day on which the request is made.”

6.  In regulation 6 (notification of the outcome of review), for “regulation 4(b)” substitute “regulation 4(1)(b)”.

7.  Omit regulation 7 (notices, invitations and notifications).

Elizabeth Truss

Minister of State

Department for Education

4th October 2012