Regulation 3 Performance of duties under section 66(2) of the 1998 Act

(1)

This regulation prescribes the period within which the governing body of a school are required by virtue of section 66(2) of the 1998 Act, after having been informed under section 65(4) of that Act of any exclusion or decision to which that provision applies, to take the following steps–

(a)

to consider the circumstances in which the pupil was excluded;

(b)

to consider any representations about the exclusion made to the governing body–

(i)

by the relevant person in pursuance of section 65(1)(c) or (2)(b), or

(ii)

by the local education authority;

(c)

to allow each of the following, namely–

(i)

the relevant person, and

(ii)

an officer of the local education authority nominated by the authority,

to attend a meeting of the governing body and to make oral representations about the exclusion; and

(d)

to consider any oral representations so made.

(2)

Subject to paragraph (3) below, the governing body shall take each of the steps referred to in paragraph (1) above–

(a)

not earlier than six school days; and

(b)

not later than 15 school days, in the case of a permanent exclusion or an exclusion for a fixed period of more than 15 school days; or

(c)

not later than 30 school days, in the case of an exclusion for a fixed period of 15 school days or fewer,

after the date on which they were informed of the matters referred to in section 65(4) of the 1998 Act.

(3)

Where the pupil concerned has been excluded in circumstances in which he would, as a result of the exclusion, lose an opportunity to take any public examination, the governing body shall (so far as it is practical for them to do so) take each of the steps referred to in paragraph (1) above before the date on which the pupil is due to take the examination and in any event no later than is required by paragraph (2) above.