The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007

These Regulations may be cited as the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 and come into force on 1st February 2008.

These Regulations apply only in relation to England.

In these Regulations and in any enactment applied by these Regulations—

• “management committee” means, in relation to a unit, the committee established by the local education authority pursuant to the Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007^f1; and

• “unit” means a pupil referral unit.

Section 317(1) to (3) and (4)^f1 of that Act applies in relation to units as it applies in relation to community, foundation or voluntary schools or maintained nursery schools with the following modifications.

Subsection (1) has effect as if for “The governing body of a community, foundation or voluntary school or a maintained nursery school shall” there were substituted “The local education authority and the management committee of a unit shall each”.

Subsection (2) has effect as if—

Subsection (3)(a) has effect as if—

Section 62(1), (2) and (4) of the School Standards and Framework Act 1998^f1 (LEA’s reserve power to prevent a breakdown of discipline) applies in relation to a unit as it applies in relation to a maintained school with the following modifications.

Subsection (2)(b) has effect as if for “the governing body” there were substituted “the management committee”.

Subsection (4) has effect as if for “the governing body” there were substituted “the management committee”.

Paragraph 1 of Schedule 13 to that Act^f1 (control of school premises) applies in relation to units as it applies in relation to community and community special schools with the following modifications.

The paragraph has effect as if—

Section 21(5) to (9)^f1 of that Act (general duties of governing body) applies in relation units as it applies in relation to maintained schools with the following modifications.

Section 21(5) of that Act has effect as if—

Section 21(6) and (7) of that Act have effect as if—

Section 27 and section 28(5) of that Act (power of governing body to provide community facilities etc.) apply in relation to units as they apply in relation to maintained schools with the following modifications.

Section 27 has effect as if—

Section 28(5) has effect as if “or consulting under subsection (4),” were omitted.

Section 29(1), (2) and (3) of that Act (additional functions of governing body) applies in relation to units as it applies in relation to maintained schools with the following modifications.

Section 29(1) and (3) of that Act have effect as if for “the governing body of a maintained school” there were substituted “the management committee”.

Section 29(2) of that Act has effect as if for “the governing body” there were substituted “the management committee”.

Section 62A of that Act^f1 (power to require LEA in England to obtain advisory services) applies in relation to units as it applies in relation to schools mentioned in subsection (4) with the modification that subsection (2) has effect as if “or the governing body of any school maintained by them (or both)” were omitted.

For the purpose of determining whether a unit falls, or may in the future fall, within subsection (1)(a), sections 61 and 62 of the Education and Inspections Act 2006 have effect as if the definition of “maintained school” in section 59(1) of that Act included a unit.

for a reference to the governing body in each place where it occurs there were substituted a reference to the management committee, and

the powers in those paragraphs did not include the powers referred to in sub-paragraph (3) (and accordingly sub-paragraphs (4) to (6) do not apply to units).

Part 1 of the Education Act 2005^f1 (school inspections and other inspections by school inspectors) except sections 11A to 11C ^f2 (investigation of complaints) applies in relation to units as if they were schools to which section 5 of that Act applies and accordingly section 5(2) has effect as if after paragraph (g) there were inserted —

“(h)

pupil referral units.”.

Section 6 has effect as if for subsection (3) there were substituted—

“(3)

In subsection (1), “the appropriate authority” in relation to a unit means the local education authority.”.

Section 7(b) has effect as if for “the governing body” there were substituted “the management committee”.

Section 13(2) has effect as if for “the governing body” in each place where the words occur there were substituted “the management committee”.

Section 14 has effect as if —

Section 18 has effect as if—

the definition of “maintained school” included a unit.

Section 5 of the Education and Inspections Act 2006 (school improvement partners) applies in relation to units as it applies in relation to maintained schools with the following modifications.

Subsection (1) has effect as if for “the governing body” there were substituted “the management committee”.

Subsection (4) has effect as if for “the governing bodies of maintained schools” there were substituted “the management committees of units”.

Section 68 of that Act (power of Secretary of State to direct closure of school) applies in relation to units as it applies in relation to maintained schools with the following modifications.

Subsection (1) applies if at any time the circumstances set out in section 62 of that Act apply in relation to a unit.

Subsection (2) has effect as if—

Subsection (3) has effect as if for “the governing body of the school” there were substituted “the management committee”.

Regulations 3, 4 and 5 of the Education (School Government) (Terms of Reference) (England) Regulations 2000^f1 apply in relation to units as they apply in relation to community, foundation, voluntary, community special and foundation special schools with the following modifications.

Regulation 3 has effect as if—

Regulation 4 has effect as if—

Regulation 5 has effect as if for “the governing body” in each place where the words occur there were inserted “the management committee and the local education authority”.

Regulations 11, 15A and 18A of the School Staffing (England) Regulations 2003^f1 apply in relation to units as they apply in relation to community, voluntary controlled, community special and maintained nursery schools with the following modifications.

Regulation 11 has effect as if—

Regulation 15A has effect as if—

Parts 1 and 2 of the Education (School Inspection) (England) Regulations 2005^f1 apply in relation to units as they apply in relation to schools to which section 5 of the Education Act 2005 applies, with the following modifications.

Regulation 4(1) has effect as if—

Regulation 4(1)(f) applies to units as it applies to secondary schools.

The Education (School Attendance Targets) (England) Regulations 2007^f1 apply in relation to units as they apply in relation to the schools referred to in regulation 3 of those regulations with the modifications specified in paragraphs (2) to (10).

Regulation 3 has effect as if the following was substituted for it—

“3.

The local education authority and the management committee of every unit (acting jointly) must set annual targets for reducing the number of absences from school in accordance with regulation 4.”.

Regulation 4 has effect as if —

Regulation 5(1) has effect as if —

Regulation 6 has effect as if—

Regulation 7 has effect as if—

Regulation 8(1) has effect as if —

Regulation 9(1) has effect as if for sub-paragraph (c) there were substituted—

“(c)

must contain a date by which the target should be set.”.

Regulation 10 has effect as if paragraphs (1) and (2) were omitted.

Regulation 12 has effect as if for “A governing body must not” there were substituted “Neither a local education authority nor a management committee may”.

Nothing in paragraphs (1) to (10) requires a management committee to set any target under regulation 4 of those regulations for any school year before the school year commencing in 2010.

The Education (School Information) (England) Regulations 2002^f1 are amended as follows.

In regulation 7(2) for “or special educational provision” substitute “, special educational provision or provision to which section 19 of the Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere) applies”.

In regulation 7(3)(a)(ii) for “or a special school” substitute “, a special school or a pupil referral unit”.

In regulation 7(3)(b) for “or special schools” substitute “, special schools or pupil referral units”.

In paragraph 3 of Schedule 1 after “special school” insert “or a pupil referral unit”.

After paragraph 17 of Schedule 1 insert—

“Part 3

Exceptional Provision of Education in Pupil Referral Units or Elsewhere

18.

The authority’s general arrangements and policies in respect of the provision of education to which section 19 of the Education Act 1996 applies (exceptional provision of education in pupil referral units or elsewhere).”.

The Education (Information About Individual Pupils) (England) Regulations 2006^f1 are amended as follows.

After regulation 3 insert the following regulation—

“Provision of information relating to pupil referral units by local education authorities relating to the Secretary of State

3A.

Within fourteen days of receiving a request from the Secretary of State a local education authority shall provide to the Secretary of State such of the information referred to in Schedule 1 to these Regulations relating to each pupil referral unit maintained by the authority and (where the request stipulates) in respect of such categories of pupils, or former pupils, at each such unit, as is so requested.”.