The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007

PART 2 Subordinate legislation

Local Education Authority (Payment of School Expenses) Regulations 1999

24.  Regulation 2 of the Local Education Authority (Payment of School Expenses) Regulations 1999(1) applies in relation to a pupil attending a unit as it applies in relation to a child attending a community, foundation, voluntary or special school.

Education (School Government) (Terms of Reference) (England) Regulations 2000

25.—(1) Regulations 3, 4 and 5 of the Education (School Government) (Terms of Reference) (England) Regulations 2000(2) apply in relation to units as they apply in relation to community, foundation, voluntary, community special and foundation special schools with the following modifications.

(2) Regulation 3 has effect as if—

(a) paragraph (1) were omitted,

(b) for “the governing body” in each place where the words occur there were substituted “the management committee”.

(c) in paragraph (2) after “their functions” there were inserted “and any functions delegated by the local education authority”.

(3) Regulation 4 has effect as if—

(a) in paragraph (1) after “their functions” there were inserted “and any functions delegated by the local education authority”,

(b) in paragraphs (2), (3) and (4) for “the governing body” there were substituted “the management committee and the local education authority”, and

(c) paragraph (4)(a) were omitted.

(4) Regulation 5 has effect as if for “the governing body” in each place where the words occur there were inserted “the management committee and the local education authority”.

School Staffing (England) Regulations 2003

26.—(1) Regulations 11, 15A and 18A of the School Staffing (England) Regulations 2003(3) apply in relation to units as they apply in relation to community, voluntary controlled, community special and maintained nursery schools with the following modifications.

(2) Regulation 11 has effect as if—

(a) for paragraph (1) there were substituted—

“(1) This paragraph applies to a person whom an authority approves for appointment as a member of staff of a unit”,

(b) in paragraph (2) for “any such person” there were substituted “a person to whom paragraph (1) applies”, and

(c) after paragraph (14) there were inserted—

“(15) In this regulation “member of staff” includes a person who works in the temporary absence of a member of staff (but does not include a person supplied by an employment business).”

(3) Regulation 15A has effect as if—

(a) in paragraph (1) for “or (as the case may be) the governing body have” there were substituted “has”, and

(b) in paragraph (5) “or (as the case may be) the governing body” were omitted.

Education (School Inspection) (England) Regulations 2005

27.—(1) Parts 1 and 2 of the Education (School Inspection) (England) Regulations 2005(4) apply in relation to units as they apply in relation to schools to which section 5 of the Education Act 2005 applies, with the following modifications.

(2) Regulation 4(1) has effect as if—

(a) for sub-paragraph (a) there were substituted—

“(a) the chair of the management committee;”, and

(b) sub-paragraphs (b) to (d) were omitted.

(3) Regulation 4(1)(f) applies to units as it applies to secondary schools.

Education (School Attendance Targets) (England) Regulations 2007

28.—(1) The Education (School Attendance Targets) (England) Regulations 2007(5) apply in relation to units as they apply in relation to the schools referred to in regulation 3 of those regulations with the modifications specified in paragraphs (2) to (10).

(2) Regulation 3 has effect as if the following was substituted for it—

“3.   The local education authority and the management committee of every unit (acting jointly) must set annual targets for reducing the number of absences from school in accordance with regulation 4.”.

(3) Regulation 4 has effect as if —

(a) in paragraph (1) for “The governing body must set a target and must submit it to the local education authority” there were substituted “The local education authority and the management committee (acting jointly) must set a target”, and

(b) in paragraph (2) for “the governing body intends” there were substituted “the local education authority and the management committee intend”.

(4) Regulation 5(1) has effect as if —

(a) for “the governing body of a school” there were substituted “the local education authority and the management committee of a unit”, and

(b) for “that body” there was substituted “those bodies (acting jointly)”.

(5) Regulation 6 has effect as if—

(a) in paragraph (1) —

(i) for “the governing body of that school” there were substituted “the local education authority and the management committee of that unit”, and

(ii) for “it is” there were substituted “(acting jointly) they are”,

(b) in paragraph (2) for “the governing body intends” there were substituted “the local education authority and the management committee (acting jointly) intend”.

(6) Regulation 7 has effect as if—

(a) in paragraph (1)—

(i) for “the governing body of that school” there were substituted “the local education authority and the management committee of that unit”, and

(ii) for “it is” there were substituted “(acting jointly) they are”,

(b) in paragraph (2) for “the governing body intends” there were substituted “the local education authority and the management committee (acting jointly) intend”.

(7) Regulation 8(1) has effect as if —

(a) for “the governing body of that school” there were substituted “the local education authority and the management committee of that unit”, and

(b) for “it is” there were substituted “(acting jointly) they are”.

(8) Regulation 9(1) has effect as if for sub-paragraph (c) there were substituted—

“(c) must contain a date by which the target should be set.”.

(9) Regulation 10 has effect as if paragraphs (1) and (2) were omitted.

(10) Regulation 12 has effect as if for “A governing body must not” there were substituted “Neither a local education authority nor a management committee may”.

(11) Nothing in paragraphs (1) to (10) requires a management committee to set any target under regulation 4 of those regulations for any school year before the school year commencing in 2010.

Education (School Performance Information) (England) Regulations 2007

29.  Regulation 10 of, and Schedule 5 to, the Education (School Performance Information) (England) Regulations 2007(6) apply in relation to units as they apply in relation to maintained schools.

(1)

S.I. 1999/1727.

(2)

S.I. 2000/2122, to which there are amendments not relevant to these Regulations.

(3)

S.I. 2003/1963; regulations 15A and 18A were inserted by S.I. 2006/3197.

(4)

S.I. 2005/2038.

(5)

S.I. 2007/226.1

(6)

S.I. 2007/2324.