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The Education (Pupil Exclusions and Appeals) (Maintained Schools) (Wales) Regulations 2003

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Time limits and notices waiving right to appeal

1.—(1) No appeal under regulation 7(1) against a decision not to reinstate a pupil may be made after the fifteenth school day after the day on which the relevant person is given notice in writing under regulation 6(6)(b).

(2) For the purpose of calculating the period referred to in sub-paragraph (1), the notice is to be taken to have been given —

(a)where first class post is used, on the second working day after the date of posting, or

(b)where the notice is delivered by hand, on the date of delivery,

unless in either case the contrary is shown.

(3) Subject to sub-paragraph (4), any notice in writing given by the relevant person to the local education authority which states that he or she does not intend to appeal against a decision not to reinstate the pupil is final.

(4) Where the relevant person is both a pupil of compulsory school age who was aged 11 or above on the day before the beginning of the school year in which that pupil is excluded and a parent of his or hers, a notice in writing given under sub-paragraph (3) by a parent will be treated as final whether or not the pupil has given such notice in writing.

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