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The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012

S.I. 2012/1033 · Made 3 April 2012 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 19 August 2024.

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

  1. Part 1: General
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. 3Schedules
  5. Part 2: Maintained schools
  6. 4The power of a head teacher to exclude pupils
  7. 5Exclusion of pupils: head teacher's duty to inform relevant person, governing body , local authority, social worker and virtual school head
  8. 6Functions of the governing body in relation to excluded pupils
  9. 7Review of permanent exclusion of a pupil
  10. 8Reconsideration by governing body following a review
  11. 8ACancellation of exclusion of a pupil
  12. 9Exclusions of pupils: guidance
  13. 10Exclusions: standard of proof
  14. 11Information
  15. Part 3: Pupil referral units
  16. 12Responsible body
  17. 13The power of a teacher in charge to exclude pupils
  18. 14Exclusion of pupils: teacher in charge's duty to inform relevant person, management committee , local authority, social worker and virtual school head
  19. 15Functions of the management committee in relation to excluded pupils
  20. 16Review of permanent exclusion of a pupil
  21. 17Reconsideration by management committee following a review
  22. 17ACancellation of exclusion of a pupil
  23. 18Exclusions of pupils: guidance
  24. 19Exclusions: standard of proof
  25. 20Information
  26. Part 4: Academies
  27. 21Application and modification of Act and regulations
  28. 22The power of a principal to exclude pupils
  29. 23Exclusion of pupils: principal's duty to inform relevant person, proprietor , local authority, social worker and virtual school head
  30. 24Functions of the proprietor in relation to excluded pupils
  31. 25Review of permanent exclusion of a pupil
  32. 26Reconsideration by proprietor following a review
  33. 26ACancellation of exclusion of a pupil
  34. 27Exclusions of pupils: guidance
  35. 28Exclusions: standard of proof
  36. 29Information
  37. Signature
  38. Schedule 1: Constitution and procedure of review panels
  39. 1Interpretation
  40. 2Time limits and notices waiving right to review
  41. 3Constitution of review panels
  42. 4Clerks to review panels
  43. 5Training requirements for clerks and members
  44. 6Allowances for members of review panels
  45. 7Indemnity
  46. 8Procedure on a review
  47. 9Paragraph 9
  48. 10Paragraph 10
  49. 11Paragraph 11
  50. 12Paragraph 12
  51. 13Paragraph 13
  52. 14Paragraph 14
  53. 15Paragraph 15
  54. 16Paragraph 16
  55. 17Paragraph 17
  56. 18Paragraph 18
  57. 19Paragraph 19
  58. 20Paragraph 20
  59. Schedule 2: Amendments
  60. 1The Education (Amount to Follow Permanently Excluded Pupil) Regulations 1999
  61. 2The Local Authorities (Members' Allowances) (England) Regulations 2003
  62. 3The School Governance (Procedures) (England) Regulations 2003
  63. 4The Education (Pupil Registration) (England) Regulations 2006 Repealed
  64. 5The Education (Information about Individual Pupils) (England) Regulations 2006
  65. 6The School Governance (New Schools) (England) Regulations 2007
  66. 7The Education (Parenting Contracts and Parenting Orders) (England) Regulations 2007
  67. 8The Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007
  68. 9The School Finance (England) Regulations 2012
  69. Schedule 3Revocations
  70. Explanatory note