4.—(1) Regulation 5 (exclusion of pupils: duty to inform the relevant person and local authority) of the 2003 PRU Regulations is amended as follows.
(2) In the heading, after “relevant person” insert “, management committee”.
(3) In paragraph (1)—
(a)omit “for a fixed period”;
(b)in sub-paragraph (a), at the end insert “or, if the pupil is being permanently excluded, that the pupil is being permanently excluded”;
(c)in sub-paragraph (c)—
(i)for “he or she” substitute “the relevant person”, and
(ii)for “local authority”, in both places it occurs, substitute “management committee”.
(4) After paragraph (1) insert—
“(1A) Where the teacher in charge of a pupil referral unit decides that any exclusion of a pupil for a fixed period should be made permanent, the teacher in charge must without delay take reasonable steps to inform the relevant person of—
(a)the decision, and
(b)the matters specified in sub-paragraphs (b) to (d) of paragraph (1).”
(5) For paragraphs (2) and (3) substitute—
“(2) Paragraph (3) applies where the teacher in charge of a pupil referral unit—
(a)excludes any pupil in circumstances where the pupil would, as a result of the exclusion—
(i)be excluded from the pupil referral unit for a total of more than five school days in any one term, or
(ii)lose an opportunity to take any public examination,
(b)excludes a pupil permanently, or
(c)decides that any exclusion of a pupil should be made permanent.
(3) Where this paragraph applies, the teacher in charge must without delay inform the management committee and the local authority of the following matters—
(a)the period of the exclusion or, if the pupil is being permanently excluded, that the pupil is being so excluded, or
(b)the teacher in charge’s decision that any exclusion of a pupil for a fixed period should be made permanent,
and (in either case) the reasons for it.”
(6) Omit paragraph (4).
(7) In paragraph (5)—
(a)after “inform” insert “the management committee and”;
(b)for “paragraphs (2) or (3)” substitute “paragraph (2)”.