The Education (Pupil Referral Units) (Application of Enactments) Regulations 1994

• Citation: S.I. 1994/2103
• Sections: 22

Section 1 Citation, commencement and interpretation

(1) 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.

(2) In these Regulations “unit” means a pupil referral unit.

Section 2 Application 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.

Section 3 Enactments disapplied

The enactments mentioned in Schedule 2 to these Regulations do not apply in relation to units.

Section 4 Amendments to the Education (School Information) (England) Regulations 1994

The Education (School Information) (England) Regulations 1994 are amended as provided in Schedule 3 to these Regulations.

Section 1 Education 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.

Section 2 Education ( No. 2) Act 1986 (c. 61)

(1) 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

(2) 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”.

Section 3 Education Reform Act 1988 (c. 40)

(1) Section 2(1)(ab) of the Education Reform Act 1988 applies in relation to a unit as it applies in relation to a special school.

(2) Section 17A of the Act 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.

Section 4 Education 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.

Section 5 Scholarships 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.

Section 6 Education (Teachers) Regulations 1993

(1) In regulation 3 of the Education (Teachers) Regulations 1993 the “recommending body” in the case of a unit means the local education authority.

(2) Paragraph 3 of Schedule 2 to those Regulations applies in relation to a unit with the modifications that—

(a) 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

(b) the words “licensed teacher” in sub-paragraphs (1)(b) and (2) are omitted.

Section 7 The 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.

Section 8 The 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.

Section 9 Education (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

Section 10 Education (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

Section 11 Education (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.

Section 12 Education (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—

(a) in Parts II to VII of the School Teachers' Pay and Conditions Document 1994 , a teacher at a unit (including a teacher in charge of a unit) shall be treated as an unattached teacher, and

(b) in paragraph 1.2 of the Document, the “relevant body” in the case of a teacher at a unit means the local education authority.

Section 1 The Education Act 1980

A unit is not a school for the purposes of sections 6 and 7(1) of the Education Act 1980.

Section 2 Education (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.

Section 3 Education (Schools and Further Education) Regulations 1981

Regulation 10 of the Education (Schools and Further Education) Regulations 1981.

Section 4 Education (Teachers) Regulations 1993

Paragraphs 2 and 4 to 11 of Schedule 2 to the Education (Teachers) Regulations 1993.

Section 5 Education (School Information) (England) Regulations 1994

Regulations 5, and 8 to 11 of, and Schedule 2 to, the Education (School Information) (England) Regulations 1994.

Section 20

The 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).