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90 | Parenting orders in case of exclusion or misbehaviour |
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(1) | Section 20 of the Anti-social Behaviour Act 2003 (c. 38) (parenting orders in |
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case of exclusion from school) is amended as follows. |
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(2) | In subsection (1), for “This section” substitute “Subsection (2)”. |
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(3) | In subsection (2), for “A local education authority” substitute “A relevant |
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(4) | After subsection (2) insert— |
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“(2A) | A relevant body may also apply to a magistrates’ court for a parenting |
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order in respect of a pupil at a relevant school if— |
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(a) | it appears to the body making the application that the pupil has |
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engaged in behaviour which would warrant the exclusion of the |
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pupil from the school on disciplinary grounds for a fixed period |
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(b) | such conditions as may be prescribed in regulations made by |
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the appropriate person are satisfied. |
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(2B) | For the purposes of subsection (2A), there are to be disregarded— |
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(a) | any practice restricting the use of exclusion at a particular |
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school, or at schools of a particular description, and |
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(b) | any grounds that might exist for not excluding the pupil, to the |
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extent that those grounds relate to his education or welfare after |
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(5) | For subsection (3) substitute— |
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“(3) | If an application is made under subsection (2) or (2A), the court may |
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make a parenting order in respect of a pupil if it is satisfied— |
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(a) | in the case of an application under subsection (2A), that the |
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pupil has engaged in behaviour of the kind mentioned in that |
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(b) | in any case, that the making of the order would be desirable in |
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the interests of improving the behaviour of the pupil.” |
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(6) | After subsection (8) insert— |
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“(9) | In this section “a relevant body” means— |
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(a) | a local education authority, |
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(b) | the governing body of any relevant school in England at which |
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the pupil to whom the application relates is a pupil or from |
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which he has been excluded.” |
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(7) | In the heading, after “exclusion” insert “or potential exclusion”. |
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91 | Parenting contracts and parenting orders: further provisions |
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(1) | The Anti-social Behaviour Act 2003 is amended as follows. |
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(2) | In section 21 (parenting orders: supplemental)— |
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(a) | in subsection (1)(a), after “subsection (1)” insert “or (1A)”, |
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(b) | after subsection (1) insert— |
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“(1A) | In deciding whether to make a parenting order under section |
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20, a court must also take into account any failure by the parent |
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without reasonable excuse to attend a reintegration interview |
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under section 94 of the Education and Inspections Act 2006 |
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(reintegration interview in case of fixed period exclusion) when |
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requested to do so in accordance with regulations under that |
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(c) | omit subsection (4), and |
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(d) | in subsection (5), after “authorities,” insert “governing bodies”. |
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(3) | After section 22 insert— |
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“22A | Parenting contracts and parenting orders: further provisions |
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(1) | The appropriate person may by regulations make further provision |
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about the exercise by local education authorities and the governing |
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bodies of relevant schools of their functions relating to— |
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(a) | parenting contracts under section 19, and |
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(b) | parenting orders under section 20. |
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(2) | The provision that may be made under subsection (1) includes— |
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(a) | provision limiting the power of a local education authority to |
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enter into a parenting contract, or apply for a parenting order, |
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in prescribed cases where— |
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(i) | the school by reference to which the contract is entered |
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into or the application is made is not in the area of the |
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(ii) | the child by reference to whom the contract is entered |
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into or the application is made does not reside in that |
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(b) | provision as to which governing body may apply for a |
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parenting order in cases where a pupil has been admitted to a |
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relevant school after being permanently excluded from another; |
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(c) | provision requiring one local education authority or governing |
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body to consult with another before taking any prescribed step; |
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(d) | provision authorising or requiring the provision of information |
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by one local education authority or governing body to another; |
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(e) | provision as to how the costs associated with parenting |
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contracts entered into by local education authorities or |
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governing bodies of relevant schools or the costs associated |
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with the requirements of parenting orders under section 20 |
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(including in each case the costs of providing counselling or |
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guidance programmes) are to be met.” |
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(4) | In section 24 (interpretation)— |
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(a) | for “sections 19 to 21” substitute “sections 19 to 22A”, and |
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(b) | after the definition of “child of compulsory school age” insert— |
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“ “governing body”, in relation to a relevant school which |
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is an Academy, a city technology college or a city college |
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for the technology of the arts, means the proprietor of |
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the school, as defined by section 579(1) of the 1996 Act;”. |
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92 | Duty of governing body or proprietor where pupil excluded for fixed period |
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(1) | Except in prescribed cases, the governing body of a relevant school in England |
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must make arrangements for the provision of suitable full-time education for |
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pupils of compulsory school age who are excluded from the school for a fixed |
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period on disciplinary grounds. |
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(2) | The education referred to in subsection (1) must be provided from a day that, |
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in relation to the pupil concerned, is determined in accordance with |
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(3) | The education must not be provided at the school unless it is provided there in |
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pursuance of arrangements which— |
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(a) | are made jointly with the governing body of at least one other relevant |
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(b) | make provision for the education of pupils excluded on disciplinary |
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grounds from any of the schools that are parties to the arrangements. |
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(4) | In determining what arrangements to make under subsection (1) in the case of |
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any pupil, a governing body must have regard to any guidance given from |
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time to time by the Secretary of State. |
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“governing body”, in relation to a relevant school which is an Academy, a |
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city technology college or a city college for the technology of the arts, |
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“prescribed” means prescribed by regulations; |
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“regulations” means regulations made by the Secretary of State; |
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“relevant school” does not include a pupil referral unit; |
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“suitable full-time education”, in relation to a pupil, means efficient full- |
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time education suitable to his age, ability and aptitude and to any |
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special educational needs he may have. |
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93 | Duty of local education authority in relation to excluded pupils |
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(1) | Section 19 of EA 1996 (exceptional provision of education in pupil referral units |
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or elsewhere) is amended as follows. |
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(2) | After subsection (3) insert— |
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“(3A) | In relation to England, the duty imposed by subsection (1) includes, |
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except in prescribed cases, a duty to make arrangements for the |
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provision of suitable full-time education at school or otherwise than at |
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(a) | children of compulsory school age who have been permanently |
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excluded on disciplinary grounds from relevant schools or |
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pupil referral units, and have not subsequently been admitted |
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to schools other than pupil referral units, and |
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(b) | children of compulsory school age who are excluded for a fixed |
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period on disciplinary grounds from any pupil referral unit |
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maintained by the authority. |
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(3B) | The education referred to in subsection (3A) must be provided from a |
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day that, in relation to the pupil concerned, is determined in accordance |
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(3) | For subsection (6) substitute— |
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(c) | a city technology college, or |
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(d) | a city college for the technology of the arts; |
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“suitable education”, in relation to a child or young person, means |
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efficient education suitable to his age, ability and aptitude and |
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to any special educational needs he may have (and “suitable |
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full-time education” is to be read accordingly).” |
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94 | Reintegration interviews |
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(1) | Regulations may require the head teacher of a relevant school in prescribed |
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cases to request any parent of a temporarily excluded pupil to attend an |
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interview (“a reintegration interview”) at the school with the head teacher of |
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the school or any other person authorised by the head teacher. |
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(2) | The purpose of a reintegration interview is to assist the reintegration of the |
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pupil after the period of exclusion and to promote the improvement of his |
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(3) | Regulations under this section may make provision about the time within |
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which any reintegration interview must be held, the procedure for arranging |
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the interview and the notification of any request to the parent. |
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“prescribed” means prescribed by regulations; |
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“regulations” means regulations made— |
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(a) | in relation to England, by the Secretary of State, or |
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(b) | in relation to Wales, by the Assembly; |
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“a temporarily excluded pupil” means a pupil who is or has been |
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excluded on disciplinary grounds for a fixed period. |
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95 | Duty of parent in relation to excluded pupil |
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(1) | This section applies where— |
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(a) | a pupil of compulsory school age (“the excluded pupil”) is excluded on |
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disciplinary grounds from a relevant school in England, whether for a |
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fixed period or permanently, and |
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(b) | notice under section 96 has been given to a parent of the pupil. |
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(2) | The parent of the excluded pupil must ensure that the pupil is not present in a |
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public place at any time during school hours on a day which— |
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(a) | is one of the first five school days to which the exclusion mentioned in |
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subsection (1)(a) relates or, where that exclusion is for a fixed period of |
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five days or less, any of the days to which the exclusion relates, and |
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(b) | is stated in the notice under section 96 to be a day on which the parent |
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is subject to this subsection. |
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(3) | If the excluded pupil is present in a public place at any time during school |
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hours on a school day falling within subsection (2), the parent commits an |
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offence unless the parent has a reasonable justification for failing to comply |
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with the duty imposed by that subsection. |
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(4) | A person guilty of an offence under subsection (3) is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale. |
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(5) | Proceedings for an offence under subsection (3) may not be instituted except |
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by a local education authority. |
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(6) | Where the excluded pupil is excluded during the course of a school day but |
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before the beginning of any afternoon session on that day, that day is to be |
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treated for the purposes of subsection (2)(a) as the first day to which the |
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“parent”, in relation to a pupil, does not include any person who is not an |
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(b) | any place to which at the material time the public or any section |
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of the public have access, on payment or otherwise, as of right |
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or by virtue of express or implied permission; |
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“school hours” means the school hours of the relevant school from which |
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the pupil has been excluded. |
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96 | Notice to parent relating to excluded pupil |
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(1) | The head teacher of a relevant school in England, on excluding from the school |
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a pupil of compulsory school age, must give the parent by the prescribed time |
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a notice in writing complying with subsections (2) and (3) and containing such |
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other information as may be prescribed. |
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(2) | Where the appropriate authority are or will be obliged under the relevant |
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enactment to make arrangements for the provision of full-time education for |
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the excluded pupil during his exclusion, or intend to do so without being so |
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obliged, the notice must specify the first day on which full-time education is to |
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be provided for the excluded pupil. |
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(3) | The notice must specify as days on which the parent is to be subject to section |
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95(2) each school day beginning with the first school day to which the |
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exclusion relates and ending with the earliest of the following— |
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(a) | where a day is specified under subsection (2), the school day preceding |
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(b) | the fifth school day to which the exclusion relates, and |
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(c) | the last school day to which the exclusion relates. |
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(4) | Subsection (6) of section 95 applies for the purposes of subsection (3) as it |
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applies for the purposes of subsection (2)(a) of that section. |
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(5) | Where the appropriate authority are a local education authority, they must |
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provide the head teacher with such information as will enable the head teacher |
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to give a notice complying with subsection (2). |
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(6) | Section 572 of EA 1996, which provides for the methods by which notices may |
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be served under that Act, does not preclude a notice under this section from |
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being given to the parent of the excluded pupil by any effective method. |
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(7) | Regulations may enable a notice under this section to be combined with a |
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notice required by virtue of section 52(3)(a) of EA 2002 (which relates to the |
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exclusion of pupils from maintained schools). |
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“the appropriate authority” means— |
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(a) | in the case of a permanent exclusion or an exclusion from a |
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pupil referral unit, a local education authority, |
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(b) | in the case of an exclusion for a fixed period from a maintained |
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school, the governing body of the school, and |
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(c) | in the case of an exclusion for a fixed period from a relevant |
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school which is an Academy, a city technology college or a city |
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college for the technology of the arts, the proprietor of the |
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“prescribed” means prescribed by regulations; |
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“regulations” means regulations made by the Secretary of State; |
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“the relevant enactment” means— |
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(a) | where the appropriate authority is a local education authority, |
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section 19 of EA 1996, and |
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(b) | in any other case, section 92 of this Act. |
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97 | Penalty notice in respect of presence of excluded pupil in public place |
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(1) | Where an authorised officer has reason to believe that a person has committed |
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an offence under section 95(3), he may give the person a penalty notice in |
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(2) | A penalty notice is a notice offering the person the opportunity of discharging |
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any liability to conviction for the offence under section 95(3) to which the notice |
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relates by payment of a penalty in accordance with the notice. |
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(3) | Where a person is given a penalty notice, proceedings for the offence to which |
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the notice relates may not be instituted before the end of such period as may be |
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(4) | Where a person is given a penalty notice, he cannot be convicted of the offence |
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to which the notice relates if he pays a penalty in accordance with the notice. |
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(6) | Sums received by a local education authority under this section may be used |
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by the authority for the purposes of any of their functions which may be |
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specified in regulations but, to the extent that they are not so used, must be |
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paid in accordance with regulations to the Secretary of State. |
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“authorised officer” means— |
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(b) | an officer of a local education authority in England who is |
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authorised by the authority to give penalty notices, or |
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(c) | an authorised staff member; |
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“authorised staff member” means— |
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(a) | a head teacher of a relevant school in England, or |
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(b) | a member of the staff of a relevant school in England who is |
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authorised by the head teacher of the school to give penalty |
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“regulations” means regulations made by the Secretary of State. |
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98 | Penalty notices: supplemental |
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(1) | Regulations may make— |
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(a) | provision as to the form and content of penalty notices; |
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(b) | provision as to the monetary amount of any penalty and the time by |
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(c) | provision for determining the local education authority to whom a |
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(d) | provision as to the methods by which penalties may be paid; |
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(e) | provision as to the records which are to be kept in relation to penalty |
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(f) | provision as to the persons who may be authorised by a local education |
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authority or a head teacher to give penalty notices; |
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(g) | provision limiting the circumstances in which authorised officers of a |
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prescribed description may give penalty notices; |
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(h) | provision for or in connection with the withdrawal, in prescribed |
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circumstances, of a penalty notice, including— |
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(i) | repayment of any amount by way of penalty under a penalty |
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notice which is withdrawn, and |
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(ii) | prohibition of the institution or continuation of proceedings for |
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the offence to which the withdrawn notice relates; |
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(i) | provision for a certificate— |
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(i) | purporting to be signed by or on behalf of a prescribed person, |
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(ii) | stating that payment of any amount paid by way of penalty was |
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or, as the case may be, was not received on or before a date |
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specified in the certificate, |
| 30 |
| to be received in evidence of the matters so stated; |
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(j) | provision as to the action to be taken if a penalty is not paid in |
| |
accordance with a penalty notice; |
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(k) | provision for or in connection with the preparation of codes of conduct |
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in relation to the giving of penalty notices; |
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(l) | such other provision in relation to penalties or penalty notices as the |
| |
Secretary of State thinks necessary or expedient. |
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(2) | Without prejudice to the generality of subsection (1) or section 164(2)(a), |
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regulations under subsection (1)(b) may make provision for penalties of |
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different amounts to be payable in different cases (including provision for the |
| 40 |
penalty payable under a penalty notice to differ according to the time by which |
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(3) | Local education authorities, head teachers and authorised officers must, in |
| |
carrying out their functions in relation to penalty notices, have regard to any |
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guidance which is given by the Secretary of State from time to time in relation |
| 45 |
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“penalty” means a penalty under a penalty notice; |
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