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4.—(1) In the case of a pupil excluded for a fixed period, the “relevant period” is whichever of the following is applicable, and if both are applicable whichever expires the later—
(a)the period of 40 school days beginning with the next school day after the day on which the exclusion was considered by the governing body (or in the case of an exclusion from a pupil referral unit, the local education authority) or, if it was not so considered, the day on which it began;
(b)the period of six months beginning with the day on which a parent of the pupil entered into a parenting contract.
(2) In the case of a pupil excluded permanently, the “relevant period” is whichever of the following is applicable, and if both are applicable whichever expires the later—
(a)The period of 40 school days beginning with the next school day after—
(i)the day on which an appeal panel constituted under regulations made under section 52 of the 2002 Act decided to uphold the exclusion, or
(ii)if there was no appeal, the last day on which an appeal could have been made; or
(b)the period of six months beginning with the day on which a parent of the pupil entered into a parenting contract.
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