The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012

Interpretation E+W

2.—(1) In these Regulations—

“the Act” means the Education Act 2002;

“Academy” means an Academy school or an alternative provision Academy;

[F1 “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-Cov-2);]

“home local authority” means the local authority responsible for the area in which the pupil resides where this differs from the local authority in which the pupil's school is located;

“National Curriculum test” means any test specified in, or by virtue of, an order under section 87(3)(c) of the Act;

“principal” means the head teacher of an Academy;

“reference date” means 31st December, Easter Monday or 31st July;

[F1 “relevant exclusion” means an exclusion occurring—

(a)

on or after 1st June 2020 but before 25th September 2020; or

(b)

before 1st June 2020 but where, in respect of the exclusion, on that date—

(i)

in the case of a permanent exclusion—

(aa)

there has not been a concluded review of a decision not to reinstate the pupil, and

(bb)

the time to apply for a review (in accordance with paragraph 2 of Schedule 1, disregarding sub-paragraph (1A) of that paragraph) has not expired or an application for review has been made;

(ii)

in the case of an exclusion for a fixed period, a decision in accordance with regulation 6(2), 15(2) or 24(2) (as the case may be) has not been made;]

“relevant person” means—

(a)

in relation to a pupil under the age of 18, a parent of the pupil; or

(b)

in relation to a pupil who has attained that age, the pupil;

[F1 “remote access” means access to a meeting to enable those who are not all present together at the same place to attend and participate simultaneously by electronic means, including by live audio and live video link;]

“review” means a review of a decision not to reinstate a pupil;

“review panel” means a review panel constituted in accordance with Schedule 1;

“SEN expert” means an individual who—

(a)

has expertise and experience of special educational needs M1 considered by the local authority (or, in relation to an Academy, the proprietor M2 ) as appropriate to perform the functions specified in paragraph 18 of Schedule 1; and

(b)

is not disqualified from appointment under paragraph 3(7) of Schedule 1;

“term” means—

(a)

in a school which has 3 terms or fewer in a school year M3 , one of those terms; or

(b)

in a school which has more than 3 terms in a school year, any period which falls between 2 reference dates;

“unit” means a pupil referral unit; and

“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 M4 .

(2) For the purpose of these Regulations, any exclusion for a fixed period consisting of the period between the morning and afternoon school sessions is taken to be half a school day.

Textual Amendments

F1 Words in reg. 2(1) inserted (1.6.2020) by The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) Regulations 2020 (S.I. 2020/543), regs. 1, 4

Marginal Citations

M1 “Special educational needs” has the same meaning as in section 312 of the 1996 Act.

M2 See section 579(1) of the 1996 Act for the definition of “proprietor”.

M3 See section 579(1) of the 1996 Act for the meaning of “school year”.

M4 1971 c.80.