OpenLegislation

Regulation 7 Leave of absenceI1

England and Wales

(1)

Leave of absence may only be granted by a person authorised in that behalf by the proprietor of the school.

(2)

Leave of absence must not be granted to enable a pupil to undertake employment (whether paid or unpaid) during school hours except—

(a)

employment for the purpose of taking part in a performance within the meaning of section 37 of the Children and Young Persons Act 1963f1 under the authority of a licence granted by the local authority under that section; or

(b)

employment abroad for a purpose mentioned in section 25 of the Children and Young Persons Act 1933f2 where a licence has been granted under that section by a justice of the peace.

(3)

Subject to paragraph (4), on application made by a parent with whom the pupil normally resides, a pupil may be granted leave of absence from the school to enable the pupil to go away on holiday.

(4)

Save in exceptional circumstances, a pupil must not in pursuance of paragraph (3) be granted more than ten school days leave of absence in any school year.

(5)

This regulation applies only in relation to a maintained school and a special school not maintained by a local authority.

Annotations

Commencement

I1

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

Footnotes

f1

1963 c. 37; amended by S.I. 1998/276, paragraph 32 of Schedule 6 to the Licensing Act 2003 (c. 17), paragraph 6 of Schedule 20 to the Broadcasting Act 1990 (c. 42) and paragraph 10 of Schedule 37 to the Education Act 1996 (c. 56).

f2

1933 c. 12; amended by S.I. 1998/276, paragraph 3 of Schedule 13 to the Children Act 1989 (c. 41), paragraph 10 of Part 3 of Schedule 3 to the Employment Act 1989 (c. 38), paragraph 7 of Schedule 5 to the Children and Young Persons Act 1963 and by paragraph 73 of Schedule 8 to the Courts Act 2003 (c. 39).