The Education Act 1997 (Commencement No. 3 and Transitional Provisions) Order 1998

PART II

3.  Section 550B of the 1996 Act (inserted by section 5 of the 1997 Act) shall not apply in relation to the detention of a pupil imposed as punishment for misconduct which occurs wholly before 1st September 1998.

4.  In relation to a pupil who is excluded from a school for misconduct which occurs wholly before 1st September 1998, the provisions of—

(a) section 156(2) of the 1996 Act (in relation to a county, voluntary or maintained special school), or

(b) section 307(1) of that Act (in relation to a grant-maintained or grant-maintained special school),

shall continue to have effect without the amendments made by section 6 of the 1997 Act.

5.—(1) In this paragraph “relevant appeal” means an appeal against a decision or direction relating to the permanent exclusion of a pupil from a school where any such decision or direction is made before 1st September 1998.

(2) In relation to a relevant appeal concerning the exclusion of a pupil from a county, voluntary or maintained special school, Schedule 16 to the 1996 Act shall continue to have effect without the amendments made by section 7 of the 1997 Act.

(3) In relation to a relevant appeal concerning the exclusion of a pupil from a grant-maintained or grant-maintained special school—

(a) the provisions in that school’s instrument or (as the case may be) articles of government applying immediately before 1st September 1998 which relate to the procedure on an appeal against a decision not to reinstate a pupil permanently excluded from the school, shall continue to have effect; and

(b) none of the following provisions shall apply—

(i) section 307A of the 1996 Act (inserted by section 8(1) of the 1997 Act);

(ii) Schedule 25A to the 1996 Act (inserted by section 8(2) of, and Schedule 1 to, the 1997 Act); and

(iii) paragraph 16 of Schedule 28 to the 1996 Act (inserted by section 8(3) of the 1997 Act).

6.  Paragraphs 4 and 5 apply notwithstanding the coming into force of sections 6 to 8 and 57(3) of the 1997 Act.