Review of suspensionE+W
2(1)The local education authority concerned—E+W
(a)shall review before the beginning of every [F1financial year] [F1funding period] any suspension under paragraph 1 which is for the time being in force, unless the suspension took effect less than two months before the beginning of [F2that year] [F2that period]; and
(b)may review at any time any suspension under paragraph 1 which is for the time being in force, if they consider it appropriate to do so.
(2)For the purposes of any review under sub-paragraph (1), the authority shall give the governing body and the head teacher of the school an opportunity of making representations with respect to the suspension.
(3)If on the review the authority consider it appropriate to do so, they shall revoke the suspension—
(a)(in the case of a review under sub-paragraph (1)(a)) with effect from the beginning of the [F3financial year] [F3funding period] next following the review; or
(b)(in the case of a review under sub-paragraph (1)(b)) with effect from such time before the beginning of the [F3financial year] [F3funding period] next following the review as they may determine.
(4)The authority shall give the governing body and the head teacher notice in writing of their decision on the review.
(5)[F4If—
(a)the review was conducted under sub-paragraph (1)(a), and
(b)the authority’s decision is to refuse to revoke the suspension,
the notice must inform the governing body of their right to appeal against the refusal under paragraph 3 and of the time within which such an appeal may be brought.]
Textual Amendments
F1Words in Sch. 15 para. 2(1)(a) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 11(2)(a) (with s. 119); S.I. 2005/2034, art. 8
F2Words in Sch. 15 para. 2(1)(a) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 11(2)(b) (with s. 119); S.I. 2005/2034, art. 8
F3Words in Sch. 15 para. 2(3) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 11(3) (with s. 119); S.I. 2005/2034, art. 8
F4Sch. 15 para. 2(5) repealed (8.2.2007 for E.) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 5 para. 6(b), Sch. 18 Pt. 6; S.I. 2006/3400, art. 4(c)(d)