{
  "url": "https://openlegislation.uk/education-grant-maintained-special-schools-initial-governing-instruments-regulations-1994/schedule-2/paragraph-8",
  "json_url": "https://openlegislation.uk/education-grant-maintained-special-schools-initial-governing-instruments-regulations-1994/schedule-2/paragraph-8.json",
  "legislation": "uksi/1994/2104",
  "legislation_title": "The Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994",
  "legislation_url": "https://openlegislation.uk/education-grant-maintained-special-schools-initial-governing-instruments-regulations-1994",
  "path": "schedule/2/paragraph/8",
  "kind": "paragraph",
  "number": "8",
  "heading": "Reinstatement of excluded pupils",
  "text": "(1) The Governing Body shall establish a committee to be known as the Discipline Committee for the purpose of exercising the functions assigned to it by this Article.\n(2) It shall be the duty of the Discipline Committee, where they have been informed of the permanent exclusion of a pupil from the School—\n(a) to consider whether he should be reinstated immediately, reinstated by a particular date or not reinstated;\n(b) where they consider he should be reinstated, to give the appropriate direction to the Head Teacher; and\n(c) where they consider he should not be reinstated, to inform—\n(i) the pupil, if he is aged eighteen years or over, or, if he is not, a parent of his;\n(ii) the Head Teacher; and\n(iii) the local education authority to whose area the pupil belongs,\nof their decision.\n(3) In any case to which paragraph (2)(c) above applies, the Discipline Committee shall give the pupil or (as the case may be) his parent notice in writing of—\n(a) his right to appeal against their decision not to reinstate the pupil;\n(b) the arrangements made by the Governing Body in accordance with Article 9 for enabling an appeal to be made against any such decision;\n(c) the last date by which an appeal may be made calculated in accordance with Article 9(4); and\n(d) the fact that, where he gives notice in writing to the Discipline Committee or the Governing Body that he does not intend to appeal, no appeal may be made after that notice has been given.\n(4) Where in accordance with paragraph (3) above notice in writing is required to be given to a person, that notice may be given either—\n(a) by delivering the notice by hand to the person’s last known address; or\n(b) by properly addressing, pre-paying and sending by first class post a letter containing the notice to the person at his last known address.\n(5) The Discipline Committee shall complete any steps required to be taken under paragraphs (2) and (3) above within the period ending on the fifteenth school day following the date on which they were informed by the Head Teacher of the pupil’s permanent exclusion from the School.\n(6) Where in accordance with paragraph (2)(b) above the Discipline Committee give a direction to the Head Teacher to reinstate a pupil, they shall inform—\n(a) the pupil, if he is aged eighteen years or over, or, if he is not, a parent of his; and\n(b) the local education authority to whose area the pupil belongs,\nof that fact on or before the first school day following the date on which the direction was given.\n(7) For the purposes of calculating the periods referred to in paragraphs (5) and (6) above, where notice of any matter is sent by the Discipline Committee to a person at his last known address—\n(a) by first class post;\n(b) by facsimile transmission (or other similar means which produce a document containing a text of the communication); or\n(c) by delivery by hand;\nthe Discipline Committee shall be taken to have informed that person of that matter on the date on which (as the case may be) the notice was posted, transmitted or delivered.\n(8) The Head Teacher shall comply with any direction given by the Discipline Committee in accordance with paragraph (2)(b) above.\n(9) It shall be the duty of the Head Teacher, where he has excluded a pupil from the School for a fixed period—\n(a) for more than five school days (in the aggregate) in any one school term; or\n(b) in circumstances in which the pupil would, as a result of his exclusion from the School, lose an opportunity to take any public examination,\nto comply with any direction for the reinstatement of the pupil given by the Discipline Committee.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/2104/schedule/2/paragraph/8",
    "retrieved_at": "2026-10-29T13:27:45.906984+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}