Article 31 Suspension and expulsion of pupils

(1)

The Department shall prepare and issue a scheme specifying the procedure to be followed in relation to the suspension and expulsion of registered pupils from grant-aided schools.

(2)

A scheme under this Article–

(a)

shall provide that–

(i)

a registered pupil at a controlled school may be expelled from that school only by the relevant board on the application of the Board of Governors of the school;

(ii)

a registered pupil at any other grant-aided school may be expelled from that school only by the Board of Governors of the school;

(b)

shall provide that a registered pupil at a grant-aided school may be suspended from that school only by a person or body specified in the scheme;

(c)

shall specify the maximum period–

(i)

for which a pupil may be suspended in any one school year;

(ii)

for which a pupil may be suspended on any one occasion;

(d)

may provide for the extension of a period of suspension (subject to any provision made by virtue of sub-paragraph (c));

(e)

may include provision for such other matters as the Department thinks appropriate.

(3)

It is the duty of–

(a)

the relevant board and the Board of Governors (in relation to a controlled school); and

(b)

the Board of Governors (in relation to any other grant-aided school),

to comply with a scheme under this Article.

(4)

The Department–

(a)

shall review a scheme issued under this Article not later than five years after the issue of the scheme (or, as the case may be, after the last review under this paragraph); and

(b)

may revise the scheme and issue the revised scheme.

(5)

Before making or revising a scheme under this Article the Department shall consult–

(a)

the boards;

(b)

the Board of Governors of a number of grant-aided schools selected by the Department as being a representative sample of all such schools; and

(c)

any other person with whom consultation appears to it to be desirable.

(6)

In this Article and Article 32 “relevant board”, in relation to a controlled school, means the board for the area in which the school is situated.