{
  "url": "https://openlegislation.uk/school-discipline-pupil-exclusions-and-reviews-england-amendment-and-transitional-provision-regulations-2023/regulation-16",
  "json_url": "https://openlegislation.uk/school-discipline-pupil-exclusions-and-reviews-england-amendment-and-transitional-provision-regulations-2023/regulation-16.json",
  "legislation": "uksi/2023/571",
  "legislation_title": "The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023",
  "legislation_url": "https://openlegislation.uk/school-discipline-pupil-exclusions-and-reviews-england-amendment-and-transitional-provision-regulations-2023",
  "path": "regulation/16",
  "kind": "regulation",
  "number": "16",
  "heading": "Exclusion of pupils: remote meetings - transitional arrangements",
  "text": "(1) Subject to paragraphs (3) and (4), this regulation applies to an exclusion of a pupil under—\n(a) section 51A(1) of the Education Act 2002 (in the case of a maintained school),\n(b) section 51A(2) of the Education Act 2002 (in the case of a pupil referral unit), or\n(c) section 51A(1) of the Education Act 2002 as modified by regulation 21 of the 2012 Regulations (in the case of an Academy),\nwhich occurs before 1st September 2023, if scrutiny of the exclusion is or may be required and has not started before that date.\n(2) In a case involving scrutiny of an exclusion as referred to in paragraph (a) of the definition of “scrutiny” in regulation 15, the head teacher (of a maintained school), the teacher in charge (of a pupil referral unit) or the principal (of an Academy) must, without delay on commencement of these Regulations, give the relevant person notice in writing of the following—\n(a) that the relevant person may, within 3 school days of notification, request that the meeting be held using remote access;\n(b) how and to whom the request should be made.\n(3) In a case involving scrutiny of an exclusion as referred to in paragraph (b) of the definition of “scrutiny” in regulation 15, the governing body (of a maintained school), the management committee (of a pupil referral unit), or the proprietor (of an Academy) must, without delay on commencement of these Regulations, give the relevant person notice in writing of the following—\n(a) that the relevant person may, within 3 school days after notification, request that the meeting be held using remote access;\n(b) how and to whom the request should be made.\n(4) A notice in writing referred to in this regulation—\n(a) may be given by—\n(i) delivering it directly to the relevant person,\n(ii) delivering it to the relevant person’s last known address, or\n(iii) sending it by first class post to the relevant person’s last known address;\n(b) unless the contrary is shown, will be taken to have been given—\n(i) where first class post is used, on the second working day after the date of posting, or\n(ii) where the notice is delivered, on the date of delivery.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 16(2) substituted (31.8.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) (No. 2) Regulations 2023 (S.I. 2023/882), regs. 1(2), 8(a) (with reg. 1(4))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 16(2) substituted (31.8.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) (No. 2) Regulations 2023 (S.I. 2023/882), regs. 1(2), 8(b) (with reg. 1(4))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 16 in force at 1.9.2023, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "2002 c. 32. Section 51A was inserted by section 4(1) and (2) of the Education Act 2011 (c. 21)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2023/571/regulation/16",
    "retrieved_at": "2026-10-28T21:44:59.195313+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}