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Version Superseded: 30/04/2021
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Education Act 2002, Section 116H is up to date with all changes known to be in force on or before 14 October 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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(1)If the head teacher of a pupil's school is satisfied that any of the grounds in subsection (2) apply, the head teacher may decide that a pupil is no longer entitled to follow a course of study that the pupil was entitled to follow under section 116E.
(2)The grounds referred to in subsection (1) are that—
(a)the pupil's or another person's health or safety would be placed unacceptably at risk if the pupil were to continue to follow the course of study;
(b)disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study.
(3)Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision—
(a)as to the procedure to be followed in connection with the making of decisions;
(b)for appeals against decisions to be made to the governing body of a pupil's school or another person specified in the regulations;
(c)as to the effect of a decision pending determination of an appeal;
(d)as to the procedure to be followed in connection with the determination of an appeal.
(4)A head teacher and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.
(5)The Welsh Ministers may by order—
(a)amend or omit any paragraph of subsection (2);
(b)add additional paragraphs to that subsection;
(c)amend or omit such additional paragraphs.]
Textual Amendments
F1S. 116H inserted (7.12.2009 for specified purposes, 1.1.2010 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 11, 49(2); S.I. 2009/3174, art. 2(1)(e)(2)(j)
Modifications etc. (not altering text)
C1Ss. 116A-116K: power to disapply conferred (temp.) by 2020 c. 7, Sch. 17 para. 7(5)(ec) (with ss. 88-90) (as inserted (23.6.2020) by The Curriculum Requirements (Amendment of paragraph 7(5) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/624), regs. 1(2), 2(b))
C2Ss. 116A-116K: power to modify conferred (temp.) by 2020 c. 7, Sch. 17 para. 7 (as amended (26.8.2020) by The Curriculum Requirements (Amendment of paragraph 7(6) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/891), regs. 1(2), 2(4))
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