1 Citation, commencement, application and interpretation

(1)    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.

(2)    These Regulations apply only in relation to England.

(3)    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; and

“unit” means a pupil referral unit.

NOTES
Initial Commencement
Specified date

Specified date: 1 February 2008: see para (1) above.

2 Revocation

2Revocation

The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005, the Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2006 and the Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) (No 2) Regulations 2006 are revoked.

NOTES
Initial Commencement
Specified date

Specified date: 1 February 2008: see reg 1(1).

3 Application and modification of enactments

3Application and modification of enactments

The enactments specified in Schedule 1 apply in relation to units or management committees with the modifications prescribed in that Schedule.

NOTES
Initial Commencement
Specified date

Specified date: 1 February 2008: see reg 1(1).

4 Enactments disapplied

4Enactments disapplied

The enactments specified in Schedule 2 do not apply in relation to units.

NOTES
Initial Commencement
Specified date

Specified date: 1 February 2008: see reg 1(1).

5 Further amendment of subordinate legislation

5Further amendment of subordinate legislation

The subordinate legislation specified in Schedule 3 is amended in accordance with that Schedule.

NOTES
Initial Commencement
Specified date

Specified date: 1 February 2008: see reg 1(1).

Signature

Kevin Brennan

Parliamentary Under Secretary of State

Department for Children, Schools and Families

16th October 2007

SCHEDULE 2 Enactments Not Applying in Relation to Units

SCHEDULE 2Enactments Not Applying in Relation to Units Regulation 4

School Standards and Framework Act 1998

1

Sections 86 and 94 of the School Standards and Framework Act 1998 do not apply in relation to units.

Education (School Day and School Year) (England) Regulations 1999

2

The Education (School Day and School Year) (England) Regulations 1999 do not apply in relation to units.

NOTES
Initial Commencement
Specified date

Specified date: 1 February 2008: see reg 1(1).

SCHEDULE 3 Amendment of Other Subordinate Legislation

SCHEDULE 3Amendment of Other Subordinate Legislation Regulation 5

Education (School Information) (England) Regulations 2002

1

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

(2)    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”.

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

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

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

(6)    After paragraph 17 of Schedule 1 insert—

“Part 3
Exceptional Provision of Education in Pupil Referral Units or Elsewhere18

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).”.

Education (Information About Individual Pupils) (England) Regulations 2006

2

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

(2)    After regulation 3 insert the following regulation—

“3A Provision of information relating to pupil referral units by local education authorities relating to the Secretary of State

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.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 February 2008: see reg 1(1).

Schools93 Education Law93

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

The Education Act 1996 (section 19) requires local education authorities to make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them. Any school established and maintained by a local education authority which is specially organised to provide education for such children is known as a pupil referral unit. Schedule 1 to the Act provides for adaptations and modifications of the application of enactments to pupil referral units.

These Regulations further modify the application of enactments in relation to pupil referral units and make amendments to subordinate legislation relating to pupil referral units. The regulations revoke the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (SI 2005/2039) and regulations which amend those regulations and re-enact the provisions with changes. The principal changes are the application with modifications of provisions in the Education and Inspections Act 2006 and changes consequential on the requirement, contained in the Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007 (SI 2007/2978), for local education authorities to establish management committees for pupil referral units.

A full regulatory impact assessment of the affect that this instrument will have is available from: Alternative Provision Plus Team, Area 7A, Department for Children, Schools and Families, Caxton House, 6–12 Tothill Street, London SW1H 9NA; 020 7273 5608 and annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

Administration of Education90 Duties & Rights90 Schools96 Education Law96