Regulation 8 Further determinations by head teachers
A head teacher who has made a determination in respect of a pupil under regulation 4 may make a further determination in respect of that pupil if satisfied—
that it is still not for the time being appropriate to implement the relevant curriculum for that pupil, and
the circumstances that give rise to that opinion are likely to change significantly so that, within 3 months of the operative date, it will be appropriate to implement the relevant curriculum for that pupil.
The operative period of the further determination must begin immediately after—
the end of the operative period of the first determination, subject to the prior written consent of 3 members of the governing body being obtained, and
the expiry of a further determination made under paragraph (1) subject to the prior written consent of 3 members of the governing body and of the local authority being obtained.
A head teacher may make a further determination based on different reasons for which the first determination was made if the head teacher obtains the prior written consent of—
3 members of the governing body, and
the local authority.