Regulation 3 Requirements and other matters relating to the imposition of a requirement upon a pupil under section 29A(1) of the 2002 ActI1

England and Wales

(1)

Where a governing body determine that they will impose a requirement on a pupil under section 29A(1) of the 2002 Act, they must give the persons prescribed in paragraph (3) a notice in writing of the imposition of the requirement containing the information prescribed in paragraph (4).

(2)

The notice must be given as soon as practicable after the determination has been made and not less than two school days before the relevant day.

(3)

The prescribed persons are—

(a)

the relevant person; and

F1(b)

where the pupil has an EHC plan, the local authority maintaining that plan

(4)

The prescribed information is—

(a)

the address at which the educational provision is to be provided for the pupil;

(b)

particulars identifying the person to whom the pupil should report on first attending that address for the purposes of receiving the educational provision;

(c)

the number of days for which the requirement is to be imposed;

(d)

the reasons for, and objectives of, imposing the requirement; and

(e)

in relation to the educational provision—

(i)

where two sessions per day are provided, the times at which the morning session commences, the afternoon session ends and the break between them commences and ends, or

(ii)

where a single session per day is provided, the times at which the session commences and ends.

F2(5)

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Annotations

Textual amendments

F1: Reg. 3(3)(b) substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 34(2)
F2: Reg. 3(5) omitted (1.1.2013) by virtue of The Education (Educational Provision for Improving Behaviour) (Amendment) Regulations 2012 (S.I. 2012/2532), regs. 1, 3

Commencement

I1: Reg. 3 in force at 1.9.2010, see reg. 1