Regulation 2 InterpretationI1
England and Wales
In these Regulations—
“the 1989 Act” means the Children Act 1989f1;
“the 1996 Act” means the Education Act 1996;
F1“the 2024 Regulations” means the School Attendance (Pupil Registration) (England) Regulations 2024;
“adoption order” has the meaning given by section 46(1) of the Adoption and Children Act 2002f2;
“alternative provision Academy” has the meaning given by section 1C of the Academies Act 2010f3
“budget share” means a budget share allocated in accordance with section 45(1) of the School Standards and Framework Act 1998f4
F2“child arrangements order” means a child arrangements order as defined by section 8(1) of the Children Act 1989 which consists of, or includes, arrangements relating to either or both of the following (i) with whom the child is to live, and (ii) when the child is to live with any person;
“commissioning local authority” means the local authority with responsibility for arranging the education provision being commissioned for the pupil;
F3“date of admission to the school” means the date on which the pupil’s name is added to the school’s admission register;
“exclusion start date” means the date set by the head teacher for the exclusion to take effect;
“learning aim” means a course of study leading to a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009f5 applies which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of that Act in respect of the qualification and which has been allocated a qualification number;
“level 3” means level 3 as determined by the Office of Qualifications and Examinations Regulation;
“looked-after child” means a person who, for the purposes of section 22(1) of the 1989 Actf6 F4or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014, is a child looked after by a local authority, and references to the local authority looking after the child are to be read accordingly;
“non-maintained special school” means a special school which is not maintained by a local authority and which is approved for the time being by the Secretary of State under section 342 of the 1996 Actf7;
“part-time” in relation to the attendance of a pupil means that the pupil attends fewer than ten school sessions in any week during which the school meets;
“permanently excluded” in relation to a pupil means permanently excluded on disciplinary grounds from the school to which a request is made under regulation 3 or 5;
“qualification number” means the number assigned to a pupil’s learning aim by the Office of Qualifications and Examinations Regulation;
“register” means the register of pupils kept under section 434 of the 1996 Actf8 and refers to the admission register or attendance register kept in accordance with F5the 2024 Regulations as the case may require;
F6...
“special educational needs provision type” means the type of special educational needs provision forming part of the graduated approach adopted pursuant to F7F8the “Special educational needs and disability code of practice: 0 to 25 years” published on 29th January 2015 under section 77 of the Children and Families Act 2014;
“special school” has the meaning given by section 337 of the 1996 Actf9;
“special guardianship order” has the meaning given by section 14A(1) of the 1989 Actf10;
“top up funding” means funding paid to—
- (i)
a maintained school by the commissioning local authority, in addition to the school’s budget share;
- (ii)
a pupil referral unit by the commissioning local authority, or by the governing body of the school that commissions the education provision, in additional to the unit’s budget share;
- (iii)
an Academy by the commissioning local authority, in addition to the general annual grant paid to the Academy by the Secretary of State;
- (iv)
an alternative provision Academy by the commissioning local authority, or by the governing body or proprietor of the school that commissions the education provision, in addition to the general annual grant paid to the Academy by the Secretary of State;
- (v)
a non-maintained special school by the commissioning local authority, in addition to the amount allocated to the school by the Secretary of State,
in order to meet the educational needs of a pupil.
- (i)
F9...
“unique learner number”, in relation to a registered pupil at a school, means the specific combination of numbers allocated to the pupil by F10the Secretary of State as that pupil’s unique learner number; and
“unique pupil number” means a combination of numbers which together with a letter or letters are allocated to a pupil and are particular to that pupil, by use of a formula determined by the Department for Education.
Annotations
Textual amendments
- F1
Words in reg. 2 substituted (19.8.2024) by The School Attendance (Pupil Registration) (England) Regulations 2024 (S.I. 2024/208), reg. 1, Sch. 1 para. 3(2)(a)
- F2
Words in reg. 2 inserted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 24(2)(i)
- F3
Words in reg. 2 inserted (19.8.2024) by The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2024 (S.I. 2024/209), regs. 1(1), 2(2)
- F4
Words in reg. 2 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 163
- F5
Words in reg. 2 substituted (19.8.2024) by The School Attendance (Pupil Registration) (England) Regulations 2024 (S.I. 2024/208), reg. 1, Sch. 1 para. 3(2)(b)
- F6
Words in reg. 2 omitted (22.4.2014) by virtue of The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 24(2)(ii)
- F7
Words in reg. 2 substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 45
- F8
Words in reg. 2 substituted (1.9.2022) by The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2022 (S.I. 2022/599), regs. 1(1), 2(2)
- F9
Words in reg. 2 omitted (1.10.2020) by virtue of The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2020 (S.I. 2020/965), regs. 1, 2(2)
- F10
Words in reg. 2 substituted (26.5.2015) by The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 29
Commencement
Footnotes
- f1
- f2
- f3
-
2010 c. 32. Section 1C was inserted by the Education Act 2011 (c. 21), section 53(7).
- f4
-
1998 c. 31. Section 45(1) was amended by S.I. 2010/1158, Schedule 2, paragraph 10(3) and the Education Act 2005 (c. 18), Schedule 16, paragraph 2.
- f5
- f6
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Section 22(1) was amended by the Local Government Act 2000 (c. 22), Schedule 5, paragraph 19, the Children (Leaving Care) Act 2000 (c. 35), section 2(2) and the Adoption and Children Act 2002 (c. 38), section 116(2).
- f7
-
Section 342 was inserted by the School Standards and Framework Act 1998 (c. 31), section 140(1), Schedule 30, paragraph 82 and section 342(1) was amended by the Education and Skills Act 2008 (c. 25), section 142(2), (3)(a). There are other amendments to that provision but none are relevant to these Regulations.
- f8
-
Section 434 was amended by the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraph 111(a), Schedule 31, paragraph 1 and S.I 2010/1158, Schedule 2, paragraph 7(3).
- f9
-
Section 337 was substituted by the Education and Skills Act 2008 (2008 c.25) section 142(1) and amended by S.I. 2010/1158, Schedule 2, paragraph 7(2), the Academies Act 2010 (c. 32), Schedule 2, paragraph 2 and the Education Act 2011 (c. 21), Schedule 13, paragraph 9(6).
- f10
-
Section 14A was inserted by the Adoption and Children Act 2002 (c. 38), section 115(1).