Section 43 Temporary exceptions for individual pupils and children: supplementaryI1I2
This section makes further provision about regulations made under section 42.
The regulations must not allow a determination to be made under the regulations on the grounds that a pupil or child has, or may have, additional learning needs (see, instead, section 41).
The regulations must specify that that the operative period of a determination made under the regulations is either—
a fixed period specified in the determination that does not exceed 6 months, or
a period that must be brought to an end (in accordance with the regulations) no later than 6 months from its beginning.
But the regulations may specify a different operative period for a determination if that operative period is to begin—
immediately after the end of the operative period of a previous determination, or
before the end of a period, specified in the regulations, that begins with the end of the operative period of a previous determination.
The regulations may enable a person who makes a determination under the regulations—
to vary the determination, except in relation to its operative period, or
to revoke the determination.
The regulations may specify—
cases or circumstances in which a determination made under the regulations may be varied or revoked;
conditions which must be met before a determination made under the regulations may be varied or revoked.
In this section, the “operative period” of a determination means the period for which the determination has effect.
Annotations
Commencement
- I1
S. 43 in force at 14.6.2022 for specified purposes by S.I. 2022/652, art. 3(a)
- I2
S. 43 in force at 1.9.2022 in so far as not already in force by S.I. 2022/652, art. 4(b)
Notes on Part 2
Modifications
- C1
Pt. 2 modified (temp.) (13.6.2022) by The Curriculum and Assessment (Wales) Act 2021 (Commencement No. 3 and Transitional Provision) Order 2022 (S.I. 2022/652), art. 2