Point in time view as at 08/04/2024.
There are currently no known outstanding effects for the The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) Regulations 2003, Section 8.
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8.—(1) A [F1local authority] must make arrangements for enabling the relevant person to appeal against any decision of the [F2management committee under regulation 7 not to reinstate a pupil who has been permanently excluded] from a pupil referral unit maintained by the authority.
(2) The Schedule to the 2003 Regulations has effect, with the modifications prescribed in the Schedule to these Regulations, in relation to the making and hearing of appeals pursuant to arrangements made under paragraph (1); and in paragraphs (3) to (5) “appeal panel” means an appeal panel constituted in accordance with paragraph 2 of the Schedule to the 2003 Regulations as modified.
(3) An appeal panel must not determine that a pupil is to be reinstated merely because of the failure of any person to comply with any procedural requirement imposed by or under these Regulations in relation to the decision under [F3regulation 7] against which the appeal is brought [F4, or the exclusion or decision by the teacher in charge to which that decision related].
(4) The decision of an appeal panel on an appeal pursuant to arrangements made under paragraph (1) is binding on the relevant person, the teacher in charge [F5, the management committee] and the [F1local authority].
(5) On such an appeal the appeal panel may —
(a)uphold the exclusion;
(b)direct that the pupil is to be reinstated (either immediately or by a date specified in the direction), or
(c)decide that because of exceptional circumstances or for other reasons it is not practical to give a direction requiring [F6the pupil’s] reinstatement, but that it would otherwise have been appropriate to give such a direction.
Textual Amendments
F1Words in Regulations substituted (5.5.2010) by The Local Education Authorities and Childrens Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), 2(3)
F2Words in reg. 8(1) substituted (8.4.2024) by The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 7(2) (with reg. 2)
F3Words in reg. 8(3) substituted (8.4.2024) by The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 7(3)(a) (with reg. 2)
F4Words in reg. 8(3) inserted (8.4.2024) by The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 7(3)(c) (with reg. 2)
F5Words in reg. 8(4) inserted (8.4.2024) by The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 7(4) (with reg. 2)
F6Words in reg. 8(5)(c) substituted (8.4.2024) by The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) (Amendment) Regulations 2024 (S.I. 2024/316), regs. 1(2), 7(5) (with reg. 2)
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