The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023

PART 6 E+W Transitional arrangements

Interpretation of regulation 16 E+W

15.  In regulation 16—

“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;

“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 video link;

“review panel” means a review panel constituted in accordance with Schedule 1 to the 2012 Regulations;

“scrutiny” of an exclusion refers to any of the following—

(a)

a meeting of—

(i)

the governing body under regulation 6(3)(c) of the 2012 Regulations;

(ii)

the management committee under regulation 15(3)(c) of the 2012 Regulations;

(iii)

the proprietor under regulation 24(3)(c) of the 2012 Regulations,

to consider whether the pupil should be reinstated;

(b)

a meeting of the review panel under paragraph 10(1) of Schedule 1 to the 2012 Regulations to review a decision (of a body referred to in the previous sub-paragraph) not to reinstate the pupil.

Commencement Information

I1 Reg. 15 in force at 1.9.2023, see reg. 1(1)

Exclusion of pupils: remote meetings - transitional arrangements E+W

16.—(1) Subject to paragraphs (3) and (4), this regulation applies to an exclusion of a pupil under—

(a) section 51A(1) of the Education Act 2002(1) (in the case of a maintained school),

(b) section 51A(2) of the Education Act 2002 (in the case of a pupil referral unit), or

(c) section 51A(1) of the Education Act 2002 as modified by regulation 21 of the 2012 Regulations (in the case of an Academy),

which occurs before 1st September 2023, if scrutiny of the exclusion is or may be required and has not started before that date.

(2) In a case involving scrutiny of an exclusion as referred to [F1 in paragraph (a) of the definition of “scrutiny” in regulation 15], the head teacher (of a maintained school), the teacher in charge (of a pupil referral unit) or the principal (of an Academy) must, without delay on commencement of these Regulations, give the relevant person notice in writing of the following—

(a) that the relevant person may, within 3 school days of notification, request that the meeting be held using remote access;

(b) how and to whom the request should be made.

(3) In a case involving scrutiny of an exclusion as referred [F2 to in paragraph (b) of the definition of “scrutiny” in regulation 15], the governing body (of a maintained school), the management committee (of a pupil referral unit), or the proprietor (of an Academy) must, without delay on commencement of these Regulations, give the relevant person notice in writing of the following—

(a) that the relevant person may, within 3 school days after notification, request that the meeting be held using remote access;

(b) how and to whom the request should be made.

(4) A notice in writing referred to in this regulation—

(a) may be given by—

(i) delivering it directly to the relevant person,

(ii) delivering it to the relevant person’s last known address, or

(iii) sending it by first class post to the relevant person’s last known address;

(b) unless the contrary is shown, will be taken to have been given—

(i) where first class post is used, on the second working day after the date of posting, or

(ii) where the notice is delivered, on the date of delivery.

Textual Amendments

F1 Words in reg. 16(2) substituted (31.8.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) (No. 2) Regulations 2023 (S.I. 2023/882), regs. 1(2), 8(a) (with reg. 1(4))

F2 Words in reg. 16(2) substituted (31.8.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) (No. 2) Regulations 2023 (S.I. 2023/882), regs. 1(2), 8(b) (with reg. 1(4))

Commencement Information

I2 Reg. 16 in force at 1.9.2023, see reg. 1(1)

(1)

2002 c. 32. Section 51A was inserted by section 4(1) and (2) of the Education Act 2011 (c. 21).