Regulation 5 Condition precedent
This regulation applies to a school in respect of any school year where the school’s unauthorised absence rate for that year exceeds the national average for that year by at least 3 percentage points.
For the purposes of this regulation the “national average”, in relation to a school year, means–
in relation to a primary school, other than a special school, the aggregated unauthorised absence rate in that year for every such school in England divided by the total number of such schools in England;
in relation to a secondary school, other than a special school, the aggregated unauthorised absence rate in that year for every such school in England divided by the total number of such schools in England; and
in relation to a special school, the aggregated unauthorised absence rate in that year for every maintained special school in England divided by the total number of maintained special schools in England.