The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005

• Citation: S.I. 2005/2039
• Sections: 22

Section 1 Citation, commencement, application and interpretation

(1) These Regulations may be cited as the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 and shall come into force on 1 st September 2005.

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

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

Section 2 Revocation

The Education (Pupil Referral Units) (Application of Enactments) Regulations 1994 and the Education (Pupil Referral Units) (Application of Enactments) (Amendment) Regulations 1996 are hereby revoked in relation to England.

Section 3 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 4 Enactments disapplied

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

Section 1 Education Act 1996

Section 404 of the Education Act 1996 applies in relation to the teacher in charge of a unit as it applies in relation to the governing body of a maintained school, but only in relation to pupils who are provided with secondary education at the unit.

Section 2 Education Act 1996

Section 405 of that Act applies in relation to units as it applies in relation to maintained schools with the modification that the words “, except so far as such education is comprised in the National Curriculum,” are omitted.

Section 3 Education Act 1996

Section 559 of that Act 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 community, foundation, voluntary or special school.

Section 4 School Standards and Framework Act 1998

(1) Section 19 of the School Standards and Framework Act 1998 applies in relation to units as it applies in relation to maintained schools with the following modifications.

(2) Subsection (1) applies if at any time the circumstances set out in section 15(6) of that Act apply in relation to a unit.

(3) In subsection (2) the reference to the governing body in paragraph (a) is omitted, and paragraphs (b), (c) and (ca) are omitted.

(4) In subsection (3) the reference to the governing body is omitted.

Section 5 School Standards and Framework Act 1998

Section 61 of that Act applies in relation to units as it applies in relation to maintained schools with the modification that for references to the governing body there are substituted references to the management committee of the unit or, in the case of a unit not having a management committee, the local education authority.

Section 6 School Standards and Framework Act 1998

Subsections (1), (2) and (4) of section 62 of that Act apply in relation to a unit as they apply in relation to a maintained school as if—

(a) the reference in subsection (2)(b) to the governing body was a reference to the teacher in charge of the unit, and

(b) the reference in subsection (4) to the governing body was omitted.

Section 7 Education Act 2002

Section 29(3) of the Education Act 2002 applies in relation to units as it applies in relation to maintained schools.

Section 8 Education Act 2002

Section 30(4) of that Act applies in relation to units as it applies in relation to maintained schools with the modification that the words “the governing body or (as the case may be)” and “the governing body or” are omitted.

Section 9 Education Act 2002

Section 32 of that Act applies in relation to units as it applies in relation to community, voluntary controlled or community special schools or maintained nursery schools with the modification that in section 32(1)(b), in the case of a unit having a management committee, the local education authority together with the management committee shall determine the times of the school sessions.

Section 10 Education Act 2002

Section 80(1)(d) of that Act applies in relation to units as it applies in relation to special schools.

Section 11 Education Act 2005

(1) Part 1 of the Education Act 2005 applies in relation to units as if they were schools to which section 5 of that Act applies, and as if they were maintained schools, with the following modifications.

(2) In section 6(3) the “appropriate authority” in relation to a unit means the local education authority.

(3) In subsection 14(2) paragraphs (b) and (c) are omitted.

Section 12 Local Education Authority (Payment of School Expenses) Regulations 1999

Regulation 2 of the Local Education Authority (Payment of School Expenses) Regulations 1999 applies in relation to a pupil attending a unit as it applies in relation to a child attending a community, foundation, voluntary or special school.

Section 13 Education (Pupil Information) (England) Regulations 2000

Subject to paragraph 3 of Schedule 2 to these Regulations, the Education (Pupil Information) (England) Regulations 2000 apply in relation to units as they apply in relation to maintained schools with the following modifications—

(a) in regulation 6, paragraph (4)(a) applies only in so far as it relates to the provision of the information described in paragraph 4 of Schedule 1 in relation to a pupil in the year in which he ceases to be of compulsory school age, and paragraphs (4)(b), (5) and (6) shall not apply,

(b) regulation 10 applies where a registered pupil at a unit becomes a registered pupil at a maintained school, whether or not he ceases to be a registered pupil at the unit, and where a registered pupil at a maintained school becomes a registered pupil at a unit, whether or not he ceases to be a registered pupil at the maintained school,

(c) in regulation 10(3) after “at the old school” there is inserted “; but where a pupil becomes registered at a school (including a pupil referral unit) (“the second school”) and remains registered at another school (including a pupil referral unit) (“the first school”), the pupil’s common transfer information shall be transferred to the head teacher of the second school no later than fifteen school days after the day on which the head teacher of the first school learned of the second registration”,

(d) in regulation 10(4) after “old school” there is inserted “or the first school”,

(e) in regulation 10(5) after “old school” there is inserted “or the first school”, and after “new school” there is inserted “or the second school”,

(f) in regulation 10(10) after “old school” where ever it appears there is inserted “or the first school”, and after “old school's” there is inserted “or the first school's”,

(g) paragraph 4 of Schedule 1 applies in relation to a pupil at a unit in the year in which he ceases to be of compulsory school age,

(h) in paragraph 5 of Schedule 1, the following are omitted —

(i) in sub-paragraph (2) the word “foundation” and the words from “together with” to the end, and

(ii) sub-paragraph (3),

(i) in paragraph 8(1) of Schedule 1 the words “not mentioned elsewhere in this Schedule” are omitted.

Section 14 Education (School Information) (England) Regulations 2002

Parts 1 and 3, and regulation 15 of, and Schedule 1 to, the Education (School Information) (England) Regulations 2002 apply in relation to units with the following modifications—

(a) in regulation 4 the words “a governing body and” and “the governing body or” are omitted,

(b) in regulation 7(2) after “special educational provision” there is inserted “or provision to which section 19 of the Education Act 1996 applies (exceptional provision of education in pupil referral units or elsewhere)”,

(c) in regulation 7(3)(a)(ii) for “or a special school” there is substituted “, a special school or a pupil referral unit”,

(d) in regulation 7(3)(b) for “or special schools” there is substituted “, special schools or pupil referral units”,

(e) in paragraph 3 of Schedule 1 after “special school” there is inserted “or a pupil referral unit”,

(f) after paragraph 17 of Schedule 1 there is inserted—

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).

Section 15 Education (School Inspection) (England) Regulations 2005

Parts 1 and 2 of the Education (School Inspection) (England) Regulations 2005 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—

(a) in regulation 4(1) paragraphs (a) to (d) are omitted; and

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

Section 1 School Standards and Framework Act 1998

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

Section 2 Education (School Day and School Year) (England) Regulations 1999

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

Section 3 Education (Pupil Information) (England) Regulations 2000

Regulation 8 of the Education (Pupil Information) (England) Regulations 2000 does not apply in relation to units.