Education (No. 2) Act 1986

General E+W

F1 1 The articles of government for every county, controlled and maintained special school shall provide for it to be the duty of the local education authority, when (following the consideration which they are required to give to the case by virtue of section 24(a) of this Act) they inform a pupil, or a parent of his, of their decision that he should not be reinstated, to give to the pupil or (as the case may be) parent notice in writing—

(a) of his right to appeal against the decision,

(b) of the last date on which an appeal may be made calculated in accordance with paragraph 3A(1) below,

(c) of the right of the pupil or (as the case may be) parent to give notice under paragraph 3A(2) below stating that he does not intend to appeal, and

(d) that no appeal may be made after notice under paragraph 3A(2) below is given.

Textual Amendments

F1 Sch. 3 para. 1 substituted (1.9.1994) by S.I. 1994/2092, art.3 (with art. 11)

F2 2 The articles of government for every aided and special agreement school shall provide for it to be the duty of the governing body, when (following the consideration which they are required to give to the case by virtue of section 25(a) of this Act) they inform a pupil, or a parent of his, of their decision that he should not be reinstated, to give to the pupil or (as the case may be) parent notice in writing—

(a) of his right to appeal against the decision,

(b) of the last date on which an appeal may be made calculated in accordance with paragraph 3A(1) below,

(c) of the right of the pupil or (as the case may be) parent to give notice under paragraph 3A(2) below stating that he does not intend to appeal, and

(d) that no appeal may be made after notice under paragraph 3A(2) below is given.

Textual Amendments

F2 Sch. 3 para. 2 substituted (1.9.1994) by S.I. 1994/2092, art.4 (with art. 11)

3 (1) Where, in accordance with any provision of the articles of government of any school made by virtue of section 24(a) of this Act, the local education authority give a direction to the head teacher of the school for the reinstatement of any pupil who has been excluded, the direction shall not have effect for a period [F3 ending with the fifth school day ending after] the governing body are informed of the direction by the authority unless, within that period, the governing body inform the authority that they do not intend to appeal against the direction.

(2) Where, before the end of that period, the governing body lodge an appeal against the direction in accordance with the relevant arrangements—

(a) the local education authority shall [F4 before the end of the fourth school day after the day on which the appeal is lodged,] inform the pupil (if he is aged eighteen or over) or his parent (if he is under eighteen) of his right to make representations to the appeal committee; and

(b) the direction shall not have effect unless it is confirmed by the appeal committee or the appeal is withdrawn.

(3) No appeal against such a direction may be made by the governing body after the direction has taken effect.

Textual Amendments

F3 Words in Sch. 3 para. 3(1) substituted (1.9.1994) by S.I. 1994/2092, art. 5(a) (with art. 11)

F4 Words in Sch. 3 para. 2(a) inserted (1.9.1994) by S.I. 1994/2092, art. 5(b) (with art. 11)

F5 3A (1) No appeal under section 26(1)(a) or (2) of this Act against a decision not to reinstate a pupil may be made after the fifteenth school day after the day on which the pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) is given notice in writing in accordance with paragraph 1 or 2 above.

(2) Any notice in writing given to the body responsible for making any arrangements under section 26 of this Act by a pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) stating that he does not intend to appeal against a decision not to reinstate the pupil shall be final.

(3) The time limit for appealing under section 26 of this Act shall be treated as having expired on the day on which notice is given under sub-paragraph (2), if earlier than the day after which no appeal may be made referred to in sub-paragraph (1).

Textual Amendments

F5 Sch. 3 para. 3A inserted (1.9.1994) by S.I. 1994/2092, art. 6 (with art. 11)

4 Part I of Schedule 2 of the 1980 Act (constitution of appeal committees) shall have effect in relation to appeals with the necessary modifications.

5 The Secretary of State may by order amend this Schedule.

General E+W

F1 1 The articles of government for every county, controlled and maintained special school shall provide for it to be the duty of the local education authority, when (following the consideration which they are required to give to the case by virtue of section 24(a) of this Act) they inform a pupil, or a parent of his, of their decision that he should not be reinstated, to give to the pupil or (as the case may be) parent notice in writing—

(a) of his right to appeal against the decision,

(b) of the last date on which an appeal may be made calculated in accordance with paragraph 3A(1) below,

(c) of the right of the pupil or (as the case may be) parent to give notice under paragraph 3A(2) below stating that he does not intend to appeal, and

(d) that no appeal may be made after notice under paragraph 3A(2) below is given.

Textual Amendments

F1 Sch. 3 para. 1 substituted (1.9.1994) by S.I. 1994/2092, art.3 (with art. 11)

F2 2 The articles of government for every aided and special agreement school shall provide for it to be the duty of the governing body, when (following the consideration which they are required to give to the case by virtue of section 25(a) of this Act) they inform a pupil, or a parent of his, of their decision that he should not be reinstated, to give to the pupil or (as the case may be) parent notice in writing—

(a) of his right to appeal against the decision,

(b) of the last date on which an appeal may be made calculated in accordance with paragraph 3A(1) below,

(c) of the right of the pupil or (as the case may be) parent to give notice under paragraph 3A(2) below stating that he does not intend to appeal, and

(d) that no appeal may be made after notice under paragraph 3A(2) below is given.

Textual Amendments

F2 Sch. 3 para. 2 substituted (1.9.1994) by S.I. 1994/2092, art.4 (with art. 11)

3 (1) Where, in accordance with any provision of the articles of government of any school made by virtue of section 24(a) of this Act, the local education authority give a direction to the head teacher of the school for the reinstatement of any pupil who has been excluded, the direction shall not have effect for a period [F3 ending with the fifth school day ending after] the governing body are informed of the direction by the authority unless, within that period, the governing body inform the authority that they do not intend to appeal against the direction.

(2) Where, before the end of that period, the governing body lodge an appeal against the direction in accordance with the relevant arrangements—

(a) the local education authority shall [F4 before the end of the fourth school day after the day on which the appeal is lodged,] inform the pupil (if he is aged eighteen or over) or his parent (if he is under eighteen) of his right to make representations to the appeal committee; and

(b) the direction shall not have effect unless it is confirmed by the appeal committee or the appeal is withdrawn.

(3) No appeal against such a direction may be made by the governing body after the direction has taken effect.

Textual Amendments

F3 Words in Sch. 3 para. 3(1) substituted (1.9.1994) by S.I. 1994/2092, art. 5(a) (with art. 11)

F4 Words in Sch. 3 para. 2(a) inserted (1.9.1994) by S.I. 1994/2092, art. 5(b) (with art. 11)

4 Part I of Schedule 2 of the 1980 Act (constitution of appeal committees) shall have effect in relation to appeals with the necessary modifications.

5 The Secretary of State may by order amend this Schedule.