The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/543 |
| Year | 2020 |
2020 No. 543
Education, England
The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) Regulations 2020
Made 27th May 2020
Laid before Parliament 28th May 2020
Coming into force 1st June 2020
The Secretary of State makes the following regulations in exercise of the powers conferred by sections 51A(3) and (12), 210(7) and 214 of the Education Act 20021:
Citation and commencement
1. These Regulations may be cited as the School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) Regulations 2020 and come into force on 1st June 2020.
Review of regulations 3 to 8
2. The Secretary of State must review the effectiveness of regulations 3 to 8 during the period starting with 1st June 2020 and ending with 24th September 2020.
Amendment of the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012
3. The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 20122are amended as follows.
4. In regulation 2(1) insert, in the appropriate places—
““coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-Cov-2);
“relevant exclusion” means an exclusion occurring—
(a) on or after 1st June 2020 but before 25th September 2020; or
(b) before 1st June 2020 but where, in respect of the exclusion, on that date—
(i) in the case of a permanent exclusion—
(aa) there has not been a concluded review of a decision not to reinstate the pupil, and
(bb) the time to apply for a review (in accordance with paragraph 2 of Schedule 1, disregarding sub-paragraph (1A) of that paragraph) has not expired or an application for review has been made;
(ii) in the case of an exclusion for a fixed period, a decision in accordance with regulation 6(2), 15(2) or 24(2) (as the case may be) has not been made;
“remote access” means access to a meeting to enable those who are not all present together at the same place to attend and participate simultaneously by electronic means, including by live audio and live video link;”.
5. In regulation 6—
(a) after paragraph (3), insert—
“3A. Paragraph (3B) applies if—
(a) for a reason related to the incidence or transmission of coronavirus, it is not reasonably practicable for the meeting referred to in paragraph (3)(c) to be held in person; and
(b) the exclusion to be considered at the meeting is a relevant exclusion.
3B. Where this paragraph applies, the meeting referred to in paragraph (3)(c) may be held using remote access, provided the governing body are satisfied that the following conditions are met—
(a) the participants will be able fully to make representations or discharge their functions (as the case may be);
(b) the participants agree to the meeting being held using remote access;
(c) each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the meeting; and
(d) the meeting is capable of being held fairly and transparently.”;
(b) in paragraph (7) for “Subject to paragraph” substitute “Subject to paragraphs (7A), (7B) and”;
(c) after paragraph (7) insert—
“7A. Paragraph (7B) applies where, in relation to a relevant exclusion—
(a) immediately before the applicable time limit referred to in paragraph (7)(a) or (b) expires, the meeting referred to in paragraph (3)(c) has not been held because—
it has not been reasonably practicable to do so in person for a reason related to the incidence or transmission of coronavirus; and
it has not been reasonably practicable to do so by way of remote access for a reason related to the satisfaction of the conditions in paragraph (3B)(a) to (d); and
(b) that time limit expires on or after the 1st June 2020.
7B. Where this paragraph applies, the time limit referred to in paragraph (7)(a) or, as the case may be, (7)(b), within which the governing body must take steps is extended by 10 school days, or such longer period as is reasonably necessary for a reason related to the incidence and transmission of coronavirus.”.
6. In regulation 15—
(a) after paragraph (3) insert—
“3A. Paragraph (3B) applies if—
(a) for a reason related to the incidence or transmission of coronavirus, it is not reasonably practicable for the meeting referred to in paragraph (3)(c) to be held in person; and
(b) the exclusion to be considered at the meeting is a relevant exclusion.
3B. Where this paragraph applies, the meeting referred to in paragraph (3)(c) may be held using remote access, provided the management committee is satisfied that the following conditions are met—
(a) the participants will be able fully to make representations or discharge their functions (as the case may be);
(b) the participants agree to the meeting being held using remote access;
(c) each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the meeting; and
(d) the meeting is capable of being held fairly and transparently.”;
(b) in paragraph (7) for “Subject...
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