The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012
S.I. 2012/1033 · Made 3 April 2012 · Extends to England and Wales
Education, England
Made 3rd April 2012
Laid before Parliament 13th April 2012
Coming into force 1st September 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 19(3B), 494(5) and 569(4) of the Education Act 1996 M1, sections 51A(3), (5), (6), (7), (8), (9), (10) and (12), 210(7) and 214 of the Education Act 2002 M2 and sections 100, 102, 104 and 181(2) of the Education and Inspections Act 2006 M3.
The Secretary of State has consulted with the Administrative Justice and Tribunals Council in accordance with section 8 of the Tribunals and Inquiries Act 1992 M4.
Annotations to the whole text
Marginal citations
- M1
1996 c.56 (“the 1996 Act”). Section 19(3B) was inserted by section 101(1) and (2) of the Education and Inspections Act 2006 (c.40) (“the 2006 Act”) and was amended by section 3(1) and (4) of the Children, Schools and Families Act 2010 (c.26). See section 579(1) of the 1996 Act for the definition of “regulations”.
- M2
2002 c.32 (“the Act”). Section 51A was inserted by section 4 of the Education Act 2011 (c.21, “the 2011 Act”). See section 212 of the Act for the definitions of “prescribed” and “regulations”.
- M3
2006 c.40. See sections 100, 102 and 104 of the 2006 Act for the definitions of “regulations” and “prescribed”.
- M4
1992 c.53, as amended by paragraph 30 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c.15) and by paragraph 4 of Schedule 1 of the 2011 Act.
Contents
- Part 1: General
- 1Citation, commencement and application
- 2Interpretation
- 3Schedules
- Part 2: Maintained schools
- 4The power of a head teacher to exclude pupils
- 5Exclusion of pupils: head teacher's duty to inform relevant person, governing body , local authority, social worker and virtual school head
- 6Functions of the governing body in relation to excluded pupils
- 7Review of permanent exclusion of a pupil
- 8Reconsideration by governing body following a review
- 8ACancellation of exclusion of a pupil
- 9Exclusions of pupils: guidance
- 10Exclusions: standard of proof
- 11Information
- Part 3: Pupil referral units
- 12Responsible body
- 13The power of a teacher in charge to exclude pupils
- 14Exclusion of pupils: teacher in charge's duty to inform relevant person, management committee , local authority, social worker and virtual school head
- 15Functions of the management committee in relation to excluded pupils
- 16Review of permanent exclusion of a pupil
- 17Reconsideration by management committee following a review
- 17ACancellation of exclusion of a pupil
- 18Exclusions of pupils: guidance
- 19Exclusions: standard of proof
- 20Information
- Part 4: Academies
- 21Application and modification of Act and regulations
- 22The power of a principal to exclude pupils
- 23Exclusion of pupils: principal's duty to inform relevant person, proprietor , local authority, social worker and virtual school head
- 24Functions of the proprietor in relation to excluded pupils
- 25Review of permanent exclusion of a pupil
- 26Reconsideration by proprietor following a review
- 26ACancellation of exclusion of a pupil
- 27Exclusions of pupils: guidance
- 28Exclusions: standard of proof
- 29Information
- Signature
- Schedule 1: Constitution and procedure of review panels
- 1Interpretation
- 2Time limits and notices waiving right to review
- 3Constitution of review panels
- 4Clerks to review panels
- 5Training requirements for clerks and members
- 6Allowances for members of review panels
- 7Indemnity
- 8Procedure on a review
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Schedule 2: Amendments
- 1The Education (Amount to Follow Permanently Excluded Pupil) Regulations 1999
- 2The Local Authorities (Members' Allowances) (England) Regulations 2003
- 3The School Governance (Procedures) (England) Regulations 2003
- 4The Education (Pupil Registration) (England) Regulations 2006 Repealed
- 5The Education (Information about Individual Pupils) (England) Regulations 2006
- 6The School Governance (New Schools) (England) Regulations 2007
- 7The Education (Parenting Contracts and Parenting Orders) (England) Regulations 2007
- 8The Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007
- 9The School Finance (England) Regulations 2012
- Schedule 3Revocations
- Explanatory note