6[F1(1)In relation to every pupil referral unit, the [F2local authority], the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of [F3section 78(1) or 99(1) of the Education Act 2002](1) (balanced and broadly based curriculum).E+W
(2)Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require—
(a)the [F2local authority], the management committee (where applicable), or the teacher in charge to exercise, or
(b)such of them as may be prescribed to collaborate with each other in exercising,
such functions in relation to the curriculum as may be prescribed.]
(3)[F4Each local education authority shall F5... make arrangements for the consideration and disposal of any complaint to the effect that the authority, or the teacher in charge of any pupil referral unit—
(a)have acted or are proposing to act unreasonably with respect to the exercise of any power conferred, or the performance of any duty imposed, on them by [F6sub-paragraph (1) or (2)] above, or
(b)have failed to discharge any such duty.]
(4)[F7The Secretary of State shall not entertain under section 496 or 497 (power to prevent unreasonable exercise of functions; general default powers) any complaint in respect of any local education authority if it is a complaint—
(a)for which arrangements are required to be made under sub-paragraph (3) above, or
(b)that a local education authority have failed to exercise their powers to secure compliance by the teacher in charge of a pupil referral unit with any such duty as is referred to in that sub-paragraph,
unless a complaint in respect of the local education authority or, as the case may be, the teacher in charge of the unit has been made in respect of the same matter and disposed of in accordance with arrangements under that sub-paragraph.]
Textual Amendments
F1Sch. 1 para. 6(1)(2) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 184(a)(i) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt.I
F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F3Words in Sch. 1 para. 6(1) substituted (20.1.2003) by The Education Act 2002 (Modification of Provisions) (No. 2) (England) Regulations 2002 (S.I. 2002/2953), reg. 2(1)
F4Sch. 1 para. 6(3) repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(c), 269(4), Sch. 16 Pt. 7; S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2
F5Words in Sch. 1 para. 6(3) omitted (30.10.2008) by virtue of The Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008 (S.I. 2008/2840), arts. 1(1), 5
F6Words in Sch. 1 para. 6(3) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 184(a)(ii) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt.I
F7Sch. 1 para. 6(4) repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(c), 269(4), Sch. 16 Pt. 7; S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2
Modifications etc. (not altering text)
C1Sch. 1 para. 6(1) amended (19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 5(6)