The Education (Pupil Referral Units) (Application of Enactments) Regulations 1994
S.I. 1994/2103 · Made 5 August 1994
EDUCATION, ENGLAND AND WALES
Made 5th August 1994
Laid before Parliament 9th August 1994
Coming into force 1st September 1994
In exercise of the powers conferred upon the Secretary of State by sections 8(5B) and (7) and 35(4) of the Education Act 1980f1, and section 298(8) and 301(6) of, and paragraph 3 of Schedule 18 to, the Education Act 1993f2, the Secretary of State for Education, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:
Annotations to the whole text
Footnotes
- f1
-
1980 c. 20; section 8(5B) was substituted by paragraph 4 of Schedule 4 to the Education (Schools) Act 1992 (c. 38).
- f2
Contents
- 1Citation, commencement and interpretation
- 2Application and modification of enactments
- 3Enactments disapplied
- 4Amendments to the Education (School Information) (England) Regulations 1994
- Schedule 1: ENACTMENTS APPLYING WITH MODIFICATIONS IN RELATION TO UNITS
- Part I: —PRIMARY LEGISLATION
- 1Education Act 1944 (c. 31)
- 2Education (No. 2) Act 1986 (c. 61)
- 3Education Reform Act 1988 (c. 40)
- 4Education Act 1993 (c. 35)
- II—SUBORDINATE LEGISLATION
- 5Scholarships and Other Benefits Regulations 1977
- 6Education (Teachers) Regulations 1993
- 7The Education (School Inspection) (Wales) (No. 2) Regulations 1993
- 8The Education (School Inspection) (No. 2) Regulations 1993
- 9Education (Individual Pupils' Achievement) (Information) Regulations 1993
- 10Education (Individual Pupils' Achievements) (Information) (Wales) Regulations 1994
- 11Education (School Information) (England) Regulations 1994
- 12Education (School Teachers' Pay and Conditions) (No. 2) Order 1994
- Schedule 2: ENACTMENTS NOT APPLYING IN RELATION TO UNITS
- Part I: —PRIMARY LEGISLATION
- 1The Education Act 1980
- Part II: —SUBORDINATE LEGISLATION
- 2Education (School Premises) Regulations 1981
- 3Education (Schools and Further Education) Regulations 1981
- 4Education (Teachers) Regulations 1993
- 5Education (School Information) (England) Regulations 1994
- Schedule 3Schedule 3
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Education (Pupil Referral Units) (Application of Enactments) Regulations 1994 and shall come into force on 1st September 1994.
In these Regulations “unit” means a pupil referral unit.
2Application and modification of enactments
The enactments mentioned in Schedule 1 to these Regulations apply in relation to units with the modifications prescribed in that Schedule.
3Enactments disapplied
The enactments mentioned in Schedule 2 to these Regulations do not apply in relation to units.
4Amendments to the Education (School Information) (England) Regulations 1994
The Education (School Information) (England) Regulations 1994f1 are amended as provided in Schedule 3 to these Regulations.
1Education Act 1944 (c. 31)
Section 59 of the Education Act 1944 applies in relation to a child who is a registered pupil at a unit as it applies in relation to a child who is a registered pupil at a county, voluntary or special school.
2Education (No. 2) Act 1986 (c. 61)
The functions which are required to be conferred or imposed by the provisions specified in the table below in relation to county, controlled and maintained special schools by articles of government have effect in relation to units as if conferred or imposed directly by those provisions, with the modification that references in those provisions to the head teacher in relation to a school are to be construed as references to the teacher in charge in relation to a unit, and with the further modifications specified in the table.
TABLE
| Provisions of the Education (No. 2) Act 1986 | Modifications |
|---|---|
| Section 18(1) | The substitution for the reference to the governing body of a reference to the teacher in charge of a unit. |
| Section 18(2)f1 | The application of this subsection only in relation to the curriculum for pupils other than those who are provided with secondary education at a unit, and the substitution for the reference to the governing body of a reference to the teacher in charge of a unit. |
| Section 18(3)f2 | The substitution for the reference to the governing body of a references to the teacher in charge of a unit, and the omission of the words “to do so in consultation with the head teacher and” in subsection (3)(a). |
| Section 18(5) | |
| Section 18(6)(b) and (c)(iii) | |
| Section 18(7) | The substitution for the reference to the governing body of a reference to the teacher in charge of a unit, and the omission of the words from “and for it to be their duty” to the end of the subsection. |
| Section 21(1)f3 | |
| Section 21(2) | The substitution for the reference to the governing body of a reference to the local education authority, and the omission of the words from “and, where the governing body” to the end of the subsection. |
| Section 21(5) | The substitution for the reference to the governing body of a reference to the local education authority. |
| Section 22(a) to (e)f4 | The substitution for the references to the governing body of references to the local education authority. |
| Secton 23 | The omission of the words “the governing body and” in paragraph (a)(iii) and the omission of the words “and the governing body” after paragraph (b)(ii). |
| Section 24(a)f5 | The substitution for the references to the governing body of references to the teacher in charge of a unit. |
| Section 24(b) | The omission of the words “the governing body or”, and the omission of the words from “in the case of an exclusion for a fixed period” to the end of the paragraph. |
| Section 24(h) | The omission of the words “the governing body and” and “each other and”. |
| Section 32(1)(b) | The omission of references to the governing body. |
Section 28(1), (3) and (4) of the Education (No. 2) Act 1986 apply in relation to a unit with the modifications that the reference to the governing body in subsection (3)(b) shall be construed as a reference to the teacher in charge of a unit, and the substitution in subsection (4) of “teacher in charge of a unit” for “governing body or head teacher”.
3Education Reform Act 1988 (c. 40)
Section 2(1)(ab) of the Education Reform Act 1988f1 applies in relation to a unit as it applies in relation to a special school.
Section 17A of the Actf2 applies in relation to a unit with the modification that the words “, except so far as such education is comprised in the National Curriculum,” are omitted.
4Education Act 1993 (c. 35)
The duty under section 241(5) of the Education Act 1993 applies in relation to a unit to the teacher in charge as it applies in relation to a maintained special school to the governing body, that is to say, only in relation to pupils who are provided with secondary education at the unit.
II—SUBORDINATE LEGISLATION
5Scholarships and Other Benefits Regulations 1977
Regulation 4(a) of the Scholarships and Other Benefits Regulations 1977 applies in relation to a pupil attending a unit as it applies in relation to a pupil attending a county, voluntary, grant-maintained or special school.
6Education (Teachers) Regulations 1993
In regulation 3 of the Education (Teachers) Regulations 1993 the “recommending body” in the case of a unit means the local education authority.
Paragraph 3 of Schedule 2 to those Regulations applies in relation to a unit with the modifications that—
in the case of a unit the local education authority shall be satisfied as to the qualifications or, as the case may be, experience of the unqualified teacher, and
the words “licensed teacher” in sub-paragraphs (1)(b) and (2) are omitted.
7The Education (School Inspection) (Wales) (No. 2) Regulations 1993
Regulations 3, 7(3)(b), (4)(b), (5) and (7) and 8 of the Education (School Inspection) (Wales) (No. 2) Regulations 1993.
8The Education (School Inspection) (No. 2) Regulations 1993
Regulations 3, 7(3)(b), (4)(b), (5) and (7) and 8 of the Education (School Inspection) (No. 2) Regulations 1993.
9Education (Individual Pupils' Achievement) (Information) Regulations 1993
The provisions of the Education (Individual Pupils' Achievements) (Information) Regulation 1993 specified in the table below apply in relation to a pupil at a unit as they apply in relation to a pupil at a maintained school (within the meaning of regulation 3 of those Regulations) with the modifications that references to the head teacher shall be read as references to the teacher in charge of a unit and with the further modifications specified in the table.
TABLE
| Provisions | Modification |
|---|---|
| Regulation 3 | |
| Regulation 4 | The application of paragraph (3)(a) only in so far as it relates to the provision of the information described in paragraph 3 of Schedule 1 in relation to a pupil in the year in which he ceases to be of compulsory school age, and the omission of paragraphs (3)(b) and (4). |
| Regulation 6 | |
| Regulation 7 | The application of this regulation where a registered pupil at a unit becomes a registered pupil at another school, whether or not he ceases to be a registered pupil at the unit; and where a registered pupil at a maintained school other than a unit becomes a registered pupil at a unit, whether or not he ceases to be a registered pupil at the school; and the insertion in paragraph (3) after “at the school” of “; but where a pupil becomes registered at a school (including a pupil referral unit) (“the second school”) and remains registered at another school (including a pupil referral unit) (“the first school”), the head teacher of the first school shall within 15 days of learning of the second registration send the report to the head teacher of the second school”. |
| Regulation 8 | |
| Regulation 9 | |
| Paragraph 3 of Schedule 1 | The application of this paragraph in relation to a pupil at a unit in the year in which he ceases to be of compulsory school age. |
| Parts 2 to 4 of Schedule 1 | The omission in paragraph 4(2) of the word “foundation” and of the words from “together with” to the end of the sub-paragraph; the omission of paragraph 4(3); the omission in paragraph 7(1) of the words “not mentioned elsewhere in the Schedule”. |
10Education (Individual Pupils' Achievements) (Information) (Wales) Regulations 1994
The provisions of the Education (Individual Pupils' Achievements) (Information) (Wales) Regulations 1994 specified in the table below apply in relation to a pupil at a unit as they apply in relation to a pupil at a maintained school (within the meaning of regulation 2 of those Regulations) with the modification that references to the head teacher shall be read as references to the teacher in charge of a unit and with the further modifications specified in the table.
TABLE
| Provisions | Modification |
|---|---|
| Regulation 2 | |
| Regulation 3 | The application of paragraph (3)(a) only in so far as it relates to the provision of the information described in paragraph 3 of Schedule 1 in relation to a pupil in the year in which he ceases to be of compulsory school age, and the omission of paragraphs (3)(b) and 4. |
| Regulation 5 | |
| Regulation 6 | The application of this regulation where a registered pupil at a unit becomes a registered pupil at another school, whether or not he ceases to be a registered pupil at the unit; and where a registered pupil at a maintained school other than a unit becomes a registered pupil at a unit, whether or not he ceases to be a registered pupil at the school; and the insertion in paragraph (3) after “at the school” of “; but where a pupil becomes registered at a school (including a pupil referral unit) (“the second school”) and remains registered at another school (including a pupil referral unit) (“the first school”), the head teacher of the first school shall within 15 days of learning of the second registration send the report to the head teacher of the second school”. |
| Regulation 7 | |
| Regulation 8 | |
| Paragraph 3 of Schedule 1 | The application of this paragraph in relation to a pupil at a unit in the year in which he ceases to be of compulsory school age. |
| Parts 2 to 4 of Schedule 1 | The omission in paragraph 4(2) of the word “foundation” and of the words from “together with” to the end of the sub-paragraph; the omission of paragraph 4(3); the omission in paragraph 7(1) of the words “not mentioned elsewhere in the Schedule”. |
| Schedule 3 |
11Education (School Information) (England) Regulations 1994
Regulation 4 of the Education (School Information) (England) Regulations 1994 applies in relation to a unit with the modification that the references to governing bodies are omitted.
12Education (School Teachers' Pay and Conditions) (No. 2) Order 1994
The Education (School Teachers' Pay and Conditions) (No. 2) Order 1994 has effect in relation to a teacher at a unit with the following modifications—
in Parts II to VII of the School Teachers' Pay and Conditions Document 1994f1, a teacher at a unit (including a teacher in charge of a unit) shall be treated as an unattached teacher, and
in paragraph 1.2 of the Document, the “relevant body” in the case of a teacher at a unit means the local education authority.
1The Education Act 1980
A unit is not a school for the purposes of sections 6 and 7(1) of the Education Act 1980.
2Education (School Premises) Regulations 1981
Regulations 4, 5, 6, 8, 9 and 13 of, and Schedules 2, 3 and 4 to, the Education (School Premises) Regulations 1981.
3Education (Schools and Further Education) Regulations 1981
Regulation 10 of the Education (Schools and Further Education) Regulations 1981.
4Education (Teachers) Regulations 1993
Paragraphs 2 and 4 to 11 of Schedule 2 to the Education (Teachers) Regulations 1993.
5Education (School Information) (England) Regulations 1994
Regulations 5, and 8 to 11 of, and Schedule 2 to, the Education (School Information) (England) Regulations 1994.
Schedule 3
The Education (School Information) (England) Regulations 1994 are amended by—
the insertion in regulation 7(2) after “special educational provision” of “or provision to which section 298 of the Education Act 1993 applies (education provided in a pupil referral unit or otherwise than at school)”,
the insertion in regulation 7(3)(a)(ii) after “special school” of “or a pupil referral unit”,
the insertion in regulation 7(3)(b) after “special schools” of “or pupil referral units”,
the insertion in paragraph 3 of Schedule 1 after “special school” of “and a pupil referral unit”,
the insertion in paragraph 6 after “special schools” of “or pupil referral units”, and
the insertion after paragraph 19 of Schedule 1 of—
“PART III
EXCEPTIONAL PROVISION OF EDUCATION IN SCHOOL OR ELSEWHERE
20The authority’s general arrangements and policies in respect of the provision of education to which section 298 of the Education Act 1993 applies (education provided in a pupil referral unit or otherwise than at school).”.
Explanatory note
(This note is not part of the Regulations)
Section 298(2) of the Education Act 1993 defines a pupil referral unit as a maintained school other than a county or special school organised to provide education for children who by reason of exclusion from school or otherwise may not receive suitable education unless exceptional arrangements are made for them. Schedule 18 to the 1993 Act modifies the application of various enactments to units. These Regulations, made under paragraph 3 of Schedule 18, further modify the application of enactments to units.
Regulation 2 makes provision for enactments relating to schools (or to certain categories of schools) mentioned in Schedule 1 to apply in relation to units with the modifications specified. These include provisions relating to the employment of children; information about the school curriculum and terms, holidays and sessions; school discipline and exclusions; sex education; hardship payments; school inspections; information about pupils' achievements; and teachers' pay and conditions.
Regulation 3 provides that the enactments set out in Schedule 2 do not apply in relation to units. These include provisions relating to school admissions; school premises; the duration of the school year and day; teachers; and information to be published about schools.
Regulation 4 gives effect to Schedule 3, making amendments to the Education (School Information) (England) Regulations 1993 consequential on section 298 of the 1993 Act.