Explanatory note

These Regulations apply in relation to England only.

Regulation 2 amends the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 (“the 2002 Regulations”) so that the head teacher of a school which has more than three terms per year must report exclusions which he is not already required to report under regulation 4(3) of those Regulations (exclusions which are permanent, will result in the pupil missing a public examination, or take the total exclusions for that pupil to over five days in a term) broadly as often as head teachers of schools with three terms per year, who must report these exclusions at least every term. The regulation makes a similar amendment to the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2002 (“the 2002 PRU Regulations”).

Regulation 3 amends the 2002 Regulations so that a person is disqualified from being a member of an appeal panel if he does not satisfy training requirements. Regulation 4 makes a similar amendment to the 2002 PRU Regulations.

Regulation 3 also amends the 2002 Regulations so an appeal panel may appoint a clerk to the appeal panel who meets the training requirements. The training requirements to be met by clerks are the same as for members of appeal panels. The training requirements are met where a person has within the last two years been given training and information suitable and sufficient for him to know the requirements of those Regulations, the role of the chair of an appeal panel, the role of a clerk to an appeal panel, the duties of the appeal panel under the Race Relations Act 1976, the duties of the appeal panel under the Disability Discrimination Act 1995, the duties the appeal panel may have under Part 4 Equality Act 2006, the effect of section 6 of the Human Rights Act 1998 and the need to observe procedural fairness and the rules of natural justice. Where a clerk to or member of an appeal panel has acted in that capacity within the year preceding the date these Regulations come into force he may continue to act in that capacity but must meet the training requirements if he is to continue acting after two years after the date on which these Regulations come into force.

Regulation 5 amends the procedure on appeal so that the claimant and head teacher may make written representations, appear and make oral representations and be represented or accompanied by a friend. It allows the governing body and local education authority to make written representations, appear and make oral representations and be represented. It makes similar amendment to the 2002 PRU Regulations.

Regulation 6 ensures that exclusions which commenced before these Regulations came into force are dealt with as they would have been before these Regulations came into force.

A full regulatory impact assessment has not been made for this instrument as it has no impact on the costs of business.