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Education Act 1996, Paragraph 4 is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 01/09/1997
F14(1)The governing body of a grant-maintained school shall not be under any duty to admit to the school any child to whom sub-paragraph (3) applies.
(2)The governing body of such a school shall not be under any duty to make arrangements for enabling any person to appeal against a decision refusing a child admission to the school in a case where, at the time when the decision is made, sub-paragraph (3) applies to the child.
(3)Where a child has been permanently excluded from two or more schools, this sub-paragraph applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect.
(4)Sub-paragraph (3) applies to a child whatever the length of the period or periods elapsing between those exclusions and regardless of whether it has applied to him on a previous occasion.
(5)However, a child shall not be regarded as permanently excluded from a school for the purposes of this paragraph if—
(a)although so excluded he was reinstated as a pupil at the school following the giving of a direction to that effect to the head teacher of the school; or
(b)he was so excluded at a time when he had not attained compulsory school age.
(6)In this paragraph “school” means—
(a)a school maintained by a local education authority; or
(b)a grant-maintained or grant-maintained special school.
(7)This paragraph does not apply in relation to a child unless at least one of the two or more exclusions mentioned in sub-paragraph (3) took effect on or after the date of the coming into force of section 14 of the Education Act 1997.
(8)For the purposes of this paragraph the permanent exclusion of a child from a school shall be regarded as having taken effect on the school day as from which the head teacher decided that he should be permanently excluded.
Textual Amendments
F1Sch. 33B inserted (1.9.1997 so far as relating to paras. 3 and 4) by 1997 c. 44, ss. 14(2), 58(3), Sch. 3 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II
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