Provision of education in school to certain pupils when school premises are closedE+W
22.—(1) Paragraph (3) applies in relation to a relevant pupil if—
(a)the premises of the school at which the pupil is registered are closed to that pupil for a period of at least 3 consecutive school days, and
(b)the closure is a response to a threat to public health posed by the incidence and spread of coronavirus.
(2) For the purposes of paragraph (1), “relevant pupil” means a registered pupil—
(a)who the local authority which maintains the school at which the pupil is registered considers is the child of a critical worker, or
(b)who the proprietor of the school at which the pupil is registered considers should attend school by reason of the pupil's vulnerability.
(3) The proprietor of the school at which the pupil is registered must make arrangements for the pupil to attend the premises of a school for the purpose of the provision of education on the third and each subsequent school day of the period during which the premises of the school at which the pupil is registered are closed.
(4) But paragraph (3) does not apply if, on the school day in question—
(a)the pupil is required to not leave or be outside of the place where the pupil is living by virtue of regulation 6(2), 7(2), 8(2) [F1, 9(2) [F2, 11A(2) or 11AA(2)]], or
(b)the pupil is otherwise isolating having been—
(i)notified by means of the NHS Covid 19 smartphone app developed and operated by the Secretary of State, or
(ii)advised to do so by the proprietor of the school at which the pupil is registered or by a childcare provider.
(5) In determining, for the purposes of paragraph (1)(a), whether the premises of a school are closed to a pupil, the fact that those premises may be open by virtue of paragraph (3) is to be disregarded.
(6) In deciding whether a pupil is the child of a critical worker, the local authority must have regard to any guidance published by the Welsh Ministers about identifying children of critical workers.
Textual Amendments
F1Words in reg. 22(4)(a) substituted (24.12.2020 at 9.00 a.m.) by The Health Protection (Coronavirus, South Africa) (Wales) Regulations 2020 (S.I. 2020/1645), regs. 1(2), 4(5)
F2Words in reg. 22(4)(a) substituted (15.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (No. 2) (Wales) Regulations 2021 (S.I. 2021/46), regs. 1(2), 8(7)
Commencement Information
I1Reg. 22 in force at 23.12.2020, see reg. 1(4)