Regulation 4 General and special directions
Subject to paragraphs (2) to (4) below, a direction may direct as respects any registered pupil that the provisions of the National Curriculum—
shall not apply; or
shall apply with such modifications as may be specified in the direction;
from such operative date and for such operative period as may be so specified.
No operative date which is less than one month after the date on which the direction is given may be so specified unless the head teacher is satisfied that it is essential in the interests of the pupil or for other educational reasons that the direction should come into force earlier and he has set out his reasons for forming this opinion in the direction.
Subject to paragraph (4) below, the maximum operative period that may be specified in a direction shall be—
in the case of a general direction either—
a fixed period not exceeding six months; or
a period determinable when the head teacher is satisfied that the circumstances giving rise to the direction no longer apply; and
in the case of a special direction either—
a period ending when a statement of special educational needs is made in respect of the pupil under section 324f1 of the 1996 Act or, as the case may be, where such an existing statement is amended under paragraph 9 of Schedule 27 to that Act; or
a period ending not later than one month after the responsible authority give notice to the head teacher that they have determined not to make or, as the case may be, to amend, such a statement in respect of the pupil.
In no case shall the operative period of a direction exceed six months, and in the case of any direction falling within paragraph (3)(a)(ii) or (3)(b) above, the direction shall cease to have effect six months from its operative date if it has not already done so but without prejudice to the making of a further direction under regulations 9 to 11.
Annotations
Footnotes
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Section 324 was amended by paragraph 77(a) and (b) of Schedule 30 to the School Standards and Framework Act 1998, Schedule 27 was amended by paragraph 186 of Schedule 30 to that Act.