OpenLegislation

Paragraph 3

England and Wales

(1)

Where, in accordance with any provision of the articles of government of any school made by virtue of section 24(a) of this Act, the local education authority give a direction to the head teacher of the school for the reinstatement of any pupil who has been excluded, the direction shall not have effect for a period F1ending with the fifth school day ending after the governing body are informed of the direction by the authority unless, within that period, the governing body inform the authority that they do not intend to appeal against the direction.

(2)

Where, before the end of that period, the governing body lodge an appeal against the direction in accordance with the relevant arrangements—

(a)

the local education authority shall F2before the end of the fourth school day after the day on which the appeal is lodged, inform the pupil (if he is aged eighteen or over) or his parent (if he is under eighteen) of his right to make representations to the appeal committee; and

(b)

the direction shall not have effect unless it is confirmed by the appeal committee or the appeal is withdrawn.

(3)

No appeal against such a direction may be made by the governing body after the direction has taken effect.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 3(1) substituted (1.9.1994) by S.I. 1994/2092, art. 5(a) (with art. 11)

F2

Words in Sch. 3 para. 2(a) inserted (1.9.1994) by S.I. 1994/2092, art. 5(b) (with art. 11)

Notes on Schedule 3

Textual amendments

F1

Schs. 1-3 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39(with ss. 1(4), 561, 562, Sch. 39)