Paragraph 2 Exclusion of pupils

However, the following provisions made by or (as the case may be) by virtue of the 1996 Act shall continue to apply in relation to such an exclusion, namely—

(a)

where the school is a county, voluntary or maintained special school—

(i)

sections 156 to 160,

(ii)

Schedules 15 and 16^f1, and

(iii)

Part I of Schedule 33 (to the extent necessary to give effect to paragraphs 4 and 5 of Schedule 16);

(b)

where the school is a grant-maintained school—

(i)

sections 307, 307A and 308^f2,

(ii)

paragraph 6 of Schedule 23^f3, and

(iii)

Schedule 25A^f4;

(c)

where the school is a grant-maintained special school, paragraphs 14 to 16 of Schedule 28^f5;

(d)

regulations made under any provision of the 1996 Act referred to in sub-paragraphs (a) to (c) above (as such regulations had effect immediately before 1st September 1999) to the extent that they relate to the exclusion of pupils; and

(e)

the provisions of the school’s instrument or (as the case may be) articles of government (as they had effect immediately before 1st September 1999) to the extent that they relate to the exclusion of pupils.

Annotations

Footnotes

f1: Section 156 of, and Schedule 16 to, the 1996 Act were amended by sections 6 and 7 of, and Schedule 7 to, the Education Act 1997 (c. 44).
f2: Section 307 was amended, and section 307A inserted, by sections 6 and 8 of, and Schedule 7 to, the Education Act 1997.
f3: Paragraph 6 of Schedule 23 was amended by Schedule 7 to the Education Act 1997.
f4: Schedule 25A was inserted by section 8 of the Education Act 1997.
f5: Paragraph 14 of Schedule 28 was amended by Schedule 7 to the Education Act 1997, paragraph 15 was amended by section 3(2) of the 1997 Act, and paragraph 16 was added by section 8(3) of the 1997 Act.