OpenLegislation

Regulation 7 Units: closure subject to consent of Secretary of StateF2I1C1

England and Wales

(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.

Annotations

Textual amendments

F1

Words in reg. 7(1) omitted (1.9.2012) by virtue of The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/1825), regs. 1(1), 4(2)(c)(i)

F2

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

F3

Words in reg. 7(1) substituted (1.9.2012) by The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/1825), regs. 1(1), 4(2)(c)(ii)

F4

Reg. 7(2) substituted (1.9.2012) by The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/1825), regs. 1(1), 4(2)(d)

Modifications

C1

Reg. 7 modified (temp.) (1.9.2010) by The Education (Short Stay Schools) (Closure) (England) (Amendment) Regulations 2010 (S.I. 2010/1920), regs. 1, 2(b)

Commencement

I1

Reg. 7 in force at 1.9.2010, see reg. 1(1)

Notes on the whole SI

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)