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Education (Pupil Referral Units) (Closure) (England) Regulations 2010

S.I. 2010/1071 · Made 29 March 2010 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 September 2012.

Education, England

Made 29th March 2010

Laid before Parliament 6th April 2010

Coming into force 1st September 2010

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 19(7) and 569(4) of and paragraph 3A of Schedule 1 to the Education Act 1996f1:C1

Annotations to the whole text

Textual amendments

F1

Regulations renamed (1.9.2012) by The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/1825), regs. 1(1), 4(1)

Modifications

C1

Regulations modified (temp.) (1.9.2010) by The Education (Short Stay Schools) (Closure) (England) (Amendment) Regulations 2010 (S.I. 2010/1920), regs. 1, 2(a)

Footnotes

f1

1996 c.56. Paragraph 3A of Schedule 1 was inserted by section 249(3) of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22). Section 249(3) will come into force on 1st September 2010.

Contents

  1. Part 1: INTRODUCTORY
  2. 1Citation, commencement, application and interpretation
  3. Part 2: ARRANGEMENTS FOLLOWING CLOSURE DIRECTION
  4. 2Duty to make statement of proposals following closure direction
  5. 3Power to give alternative arrangements direction
  6. 4Compliance with alternative arrangements direction
  7. 5Duty to report on bid process
  8. 6Alternative arrangements directions: supplementary
  9. Part 3: CONSENT FOR CLOSURE
  10. 7Units: closure subject to consent of Secretary of State
  11. Part 4: TRANSITIONAL PROVISIONS
  12. 8Transitional provision: references to “local authority”
  13. Signature
  14. Explanatory note

1Citation, commencement, application and interpretationI1

(1)

These Regulations may be cited as F1the Education (Pupil Referral Units) (Closure) (England) Regulations 2010 and come into force on 1st September 2010.

(2)

They apply to F2units in England.

(3)

In these Regulations—

  • “alternative arrangements” has the meaning given by regulation 3(3),

  • “alternative arrangements direction” has the meaning given by regulation 3(4),

  • “the Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills,

  • “closure direction” means a direction under section 68(1) of the Education and Inspections Act 2006 F3(as applied to units with modifications by paragraph 23 of part 1 of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007); f1.

2Duty to make statement of proposals following closure directionI1

(1)

This regulation applies where a local authority has been given a closure direction in relation to a F1unit.

(2)

The authority must prepare a written statement of the arrangements it proposes to make under section 19 of the Education Act 1996f1 to replace the education provision which will be lost as a result of the closure direction.

(3)

The statement must include information about—

(a)

the number of children and young persons for whom education is expected to be provided under the proposed arrangements, and their ages;

(b)

the nature of the education to be provided (including any specific needs which the education is expected to be capable of meeting);

(c)

the means by which the education is expected to be provided.

(4)

Before the end of the permitted period the authority must send a copy of the statement to the Secretary of State and the Chief Inspector.

(5)

“The permitted period” is—

(a)

the period of 28 days beginning with the date on which the closure direction was given, or

(b)

if the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such shorter period as the Secretary of State may specify when the closure direction is given.

3Power to give alternative arrangements directionI1

(1)

This regulation applies where—

(a)

the Secretary of State has given a closure direction to a local authority in relation to a F1unit, and

(b)

one or more of the conditions in paragraph (2) is met.

(2)

The conditions are—

(a)

that the authority has failed to send a copy of the statement prepared under regulation 2(2) to the Secretary of State in accordance with regulation 2(4);

(b)

that the authority has sent a copy of the statement prepared under regulation 2(2) to the Secretary of State in accordance with regulation 2(4) but the Secretary of State is not satisfied that the arrangements proposed by the authority are adequate;

(c)

that the Secretary of State is of the opinion that the urgency of the case requires a direction under paragraph (3) to be given without delay.

(3)

The Secretary of State may give a direction to the authority as to the arrangements (“the alternative arrangements”) to be made by it under section 19 of the Education Act 1996 to replace the education provision which will be lost as a result of the closure direction.

(4)

A direction under paragraph (3) (an “alternative arrangements direction”) may (in particular)—

(a)

specify the number of children and young persons for whom education is to be provided under the alternative arrangements, and their ages;

(b)

specify the nature of the education to be provided (including any specific needs which the education is to be capable of meeting);

(c)

specify the means by which the education is to be provided;

(d)

require the authority to invite bids from education providers for the provision of education under the alternative arrangements;

(e)

include requirements about the management and review of the alternative arrangements.

(5)

An alternative arrangements direction may not specify the particular provider by whom education is to be provided.

(6)

If an alternative arrangements direction includes a requirement to invite bids as provided for in paragraph (4)(d), the requirement may in particular—

(a)

relate to all or part of the education to be provided under the alternative arrangements;

(b)

specify the manner in which the invitation to bid must be made;

(c)

specify the date by which the invitation must be issued; and

(d)

specify the period during which the authority must allow for bids to be made.

(7)

The Secretary of State must send a copy of any alternative arrangements direction to the Chief Inspector.

4Compliance with alternative arrangements directionI1

(1)

This regulation applies when a local authority—

(a)

has been given a closure direction in relation to a F1unit; and

(b)

is given an alternative arrangements direction as a result of the closure direction.

(2)

The local authority must secure that the education to be provided under the alternative arrangements, in accordance with the alternative arrangements direction, is provided from the closure date until the alternative arrangements direction is revoked in accordance with regulation 6 (2).

(3)

The “closure date” is the date specified in the closure direction for the discontinuance of the unit.

(4)

The duty imposed by paragraph (1) does not affect the local authority’s duty under section 19 of the Education Act 1996 (exceptional provision of education in units or elsewhere).

5Duty to report on bid processI1

(1)

This regulation applies when—

(a)

an alternative arrangements direction given to a local authority includes a requirement to invite bids as provided for in regulation 3(4)(d);

(b)

the authority has issued the invitation to bid; and

(c)

the period for making bids has expired.

(2)

The authority must prepare a written report on the bid process and send it to the Secretary of State within 28 days of the expiry of the period for making bids.

(3)

The report must state—

(a)

the steps taken by the authority to invite bids; and

(b)

details of any bids received.

(4)

If any bids were received by the authority the report must give—

(a)

a description of any arrangements the authority has entered into, or is proposing to enter into, as a result of the bids; or

(b)

if no arrangements are to be entered into as a result of the bids, the reason for this.

6Alternative arrangements directions: supplementaryI1

(1)

An alternative arrangements direction may make different provision for different purposes.

(2)

An alternative arrangements direction may be varied or revoked by the Secretary of State at any time after the direction is given.

(3)

If the Secretary of State varies or revokes an alternative arrangements direction, the Secretary of State must notify in writing —

(a)

the Chief Inspector, and

(b)

the local authority to whom the direction was given.

7Units: closure subject to consent of Secretary of StateF2I1C1

(1)

In F1... the circumstances specified in paragraph (2) in relation to a unit, a local authority must obtain the consent of the Secretary of State before discontinuing F3the unit.

F4(2)

The circumstances are—

(a)

that the circumstances set out in paragraphs (a) and (b) of—

(i)

section 61 of the Education and Inspections Act 2006 (significant improvement required); or

(ii)

section 62 of that Act (special measures required),

apply in relation to the unit;

(b)

that the Chief Inspector has notified the unit that an inspection of the unit is to take place under section 5 or 8 of the Education Act 2005; or

(c)

that the Secretary of State has given the local authority a notice under section 69 of the Education and Inspections Act 2006 (as that provision is applied to units with modifications by regulation 24(1) of the Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007 (power of Secretary of State to notify authority that committee is to consist of interim executive members)).

(3)

In the circumstances specified in paragraph (2)(b), the requirement in paragraph (1) to obtain consent ceases to apply when—

(a)

a report of the inspection is published under section 11 of the Education Act 2005, or

(b)

the Chief Inspector gives notice to the authority that no report of the inspection is to be made.

8Transitional provision: references to “local authority”I1

Until an order under section 162(1)(a) of the Education and Inspections Act 2006 comes into force, these regulations have effect as if each reference to a local authority were a reference to a local education authority.

Signature

Vernon Coaker

Minister of State

Department for Children, Schools and Families

29th March 2010

Explanatory note

(This note is not part of the Regulations)

Section 19 of the Education Act 1996 imposes a duty on local authorities to make arrangements for securing suitable education for children who, because of exclusion from school or for any other reason, may not receive such education if the arrangements are not made for them. Section 19(2B) recognises that local authorities may fulfil this duty by establishing and maintaining schools which are specifically organised to make educational provision for children falling within that section and where they do so, these schools are known as pupil referral units. Section 249(1) of the Apprenticeships, Skills, Children and Learning Act 2009 changes the name of any school falling within section 19(2B) of the Education Act 1996 from “pupil referral unit” to “short stay school”. It comes into force on 1 September 2010.

The Secretary of State has the power to direct the closure of a school that is causing concern (Section 68, Part 4 of the Education and Inspections Act 2006). Section 68 is applied to short stay schools by paragraph 23 of Schedule 1 to SI 2007/2979. Part 2 of these regulations enables the Secretary of State to direct the alternative education provision that will replace a short stay school that he decides should close (including specifying the features that the provision should exhibit) and to require the local authority to invite bids from external providers for the delivery of the provision.

The Education and Inspections Act 2006 limits the powers of a local authority to close schools maintained by it (sections 15 and 16 and schedule 2). Short stay schools are not covered by these limitations. Part 3 of these regulations provides that, in certain circumstances, a short stay school may not be closed without the consent of the Secretary of State. In seeking the Secretary of State’s consent, it is expected that the local authority would need to demonstrate that, in closing the short stay school, it had made arrangements to ensure that adequate and appropriate provision will be made for those children affected by the closure. A full regulatory impact assessment of the effect of this instrument was carried out during the passage of the Apprenticeships, Skills, Children and Learning Act 2009 and relevant extracts are annexed to the Explanatory Memorandum. The full impact assessment is available from Lesley Hollick, Exclusions and Alternative Provision Team, DCSF - [email protected]