Statutory Instrument 1994 No. 2093

The Education (Exclusions from Schools) (Prescribed Periods) Regulations 1994

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© Crown Copyright 1994

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1994 No. 2093

EDUCATION, ENGLAND AND WALES

The Education (Exclusions from Schools) (Prescribed Periods) Regulations 1994

In exercise of the powers conferred upon the Secretary of State by section 301(6) of, and paragraph 99 of Schedule 19 to, the Education Act 1993^[551], the Secretary of State for Education as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Education (Exclusions from Schools) (Prescribed Periods) Regulations 1994 and shall come into force on 1st September 1994.

Interpretation
    2.—(1)  In these Regulations—
"the Act" means the Education (No. 2) Act 1986^[552] and references to sections are to sections of the Act;
"authority" means a local education authority; and
"school day" has the meaning assigned to it in section 65(1) of the Act.

    (2)  
 (a) In Schedule 1 to these Regulations "governing body" means a governing body to which section 24 applies (the governing body of a county, controlled or maintained special school); and
 (b) in Schedule 2 to these Regulations "governing body" means a governing body to which section 25 applies (the governing body of an aided or special agreement school).

    (3)  Where a thing is required to be done under these Regulations within a period after a step is taken, the day on which that step was taken shall not be counted in the calculation of that period.

Performance of duties under section 24
    3.    Where an authority or the governing body of a school is required under section 24 to take a step referred to in the first column of Schedule 1 to these Regulations, such duty shall be performed within the period specified in relation to the performance of that duty in the second column opposite thereto.

Performance of duties under section 25
    4.    Where an authority or the governing body of a school is required under section 25 to take a step referred to in the first column of Schedule 2 to these Regulations, such duty shall be performed within the period specified in relation to the performance of that duty in the second column opposite thereto.

Transitional provision
    5.    These Regulations shall not apply where on or before 1st September 1994 the head teacher informed the authority (in the case of exclusions to which Schedule 1 applies) or the governing body (in the case of exclusions to which Schedule 2 applies) of a permanent exclusion.

[551] 1993 c. 35; for matters to be prescribed see section 305(1) of this Act. back

[552] 1986 c. 61. back

Explanatory Note