Paragraph 12A F1

England and Wales

(1)

In deciding—

(a)

whether the pupil in question should be reinstated (and, if so, the time when this should take place), or

(b)

whether any direction for the reinstatement of the pupil in question should be confirmed,

an appeal committee shall have regard to both the interests of that pupil and the interests of other pupils at his school and members of its staff.

(2)

In making any such decision an appeal committee shall also have regard to the measures publicised by the head teacher under section 154(7).

(3)

Sub-paragraphs (1) and (2) do not apply where an appeal committee decides that the pupil in question was not guilty of the conduct which the head teacher relied on as grounds for his permanent exclusion.

(4)

Sub-paragraphs (1) and (2) shall not be read as precluding an appeal committee from having regard to any other relevant matters.

Annotations

Textual amendments

F1: Sch. 16 para. 12A inserted (1.9.1998) by 1997 c. 44, s. 7(4) (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV (which s. 7 is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(b), Sch.31 (with ss. 138(9), 144(6))); S.I. 1999/2323, art. 2(1), SAch. 1

Notes on Schedule 16

Textual amendments

F1: Sch. 16 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1