The Education (Pupil Registration) (England) (Coronavirus) (Amendment) Regulations 2021

Statutory Instruments

2021 No. 852

Education, England

The Education (Pupil Registration) (England) (Coronavirus) (Amendment) Regulations 2021

Made

15th July 2021

Laid before Parliament

19th July 2021

Coming into force

9th August 2021

The Secretary of State, in exercise of the powers conferred by sections 434(1) and 569(4) of the Education Act 1996(1), makes the following Regulations:

Citation, commencement, extent and applicationE+W

1.—(1) These Regulations may be cited as the Education (Pupil Registration) (England) (Coronavirus) (Amendment) Regulations 2021 and come into force on 9th August 2021.

(2) These Regulations extend to England and Wales.

(3) These Regulations apply in relation to schools in England only.

Commencement Information

I1Reg. 1 in force at 9.8.2021, see reg. 1(1)

Amendment to the Education (Pupil Registration) (England) Regulations 2006E+W

2.—(1) The Education (Pupil Registration) (England) Regulations 2006(2) are amended as follows.

(2) In regulation 6 (contents of attendance register)—

(a)in paragraph (5A)(a) after “2020-21” insert “or 2021-22”;

(b)in paragraph (5A)(b)(i) after “Public Health England,” insert “the UK Health Security Agency,”.

Commencement Information

I2Reg. 2 in force at 9.8.2021, see reg. 1(1)

ReviewE+W

3.  The Secretary of State must review the effectiveness of the amendments made by these Regulations during the period starting with 9th August 2021 and ending with 31st August 2022.

Commencement Information

I3Reg. 3 in force at 9.8.2021, see reg. 1(1)

Nick Gibb

Minister of State

Department for Education

15th July 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the provisions of the Education (Pupil Registration) (England) Regulations 2006 (“the 2006 Regulations”) which govern the recording of a pupil’s non-attendance in a school’s attendance register where the non-attendance is related to coronavirus.

Regulation 2(2) amends regulation 6 of the 2006 Regulations to extend the application of the requirement to record a pupil as not attending in circumstances relating to coronavirus where the non-attendance takes place in the school year 2020-21, to the school year 2021-22. It also ensures that the reference in regulation 6 to guidance published by Public Health England also extends to guidance published by its successor, the UK Health Security Agency.

Regulation 3 requires the Secretary of State to review the effectiveness of the amendments during the period ending with 31st August 2022.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.

(1)

1996 c. 56; there are amendments to sections 434 and 569 which are not relevant to these Regulations. By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the powers conferred by these provisions are exercisable by the Secretary of State only in relation to England. For the definitions of “prescribed” and “regulations” see section 579(1).

(2)

S.I. 2006/1751. Regulation 6 was amended by S.I. 2010/1172, S.I. 2010/1725, S.I. 2020/544 and S.I. 2020/816. There are other amendments to S.I. 2006/1751 which are not relevant to these Regulations.