Statutory Instruments
2010 No. 1074
Education, England
The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2010
Made
29th March 2010
Laid before Parliament
6th April 2010
Coming into force
regulations 1 to 3
30th April 2010
regulation 4
1st September 2010
The Secretary of State for Children, Schools and Families makes the following Regulations in the exercise of powers conferred by sections 19(7), 569 (4) and (5) of, and paragraph 3 of Schedule 1 to, the Education Act 1996( 1 ).
Citation, commencement and application
1. —(1) These Regulations may be cited as the Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2010.
(2)Regulations 1 to 3 come into force on 30th April 2010.
(3)Regulation 4 comes into force on 1st September 2010.
(4) These Regulations apply only in relation to England.
Amendment of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007
2.Part 1 of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007( 2 ) is amended as follows.
3. After paragraph 20 of Part 1 of Schedule 1 insert—
“ Children Act 2004
20A. —(1)Section 10 of the Children Act 2004 ( 3 ) applies in relation to units as it applies in relation to maintained schools ( 4 ) with the following modifications.
(2) Subsection (4)(fa) has effect as if for “the governing body ” there was substituted “the management committee ”.
(3) Despite sub-paragraph (2) and section 12A(7)(b) of the Children Act 2004, the management committee is not to be treated as a relevant partner of the authority for the purposes of section 10(5A) or 12C of that Act. ” .
4. After paragraph 23 of Part 1 of Schedule 1 insert—
“ Apprenticeships, Skills, Children and Learning Act 2009
23A. —(1)Section 248 of the Apprenticeships, Skills, Children and Learning Act 2009 applies in relation to units that provide secondary education as it applies in relation to maintained secondary schools ( 5 ) with the following modifications.
(2) Subsections (1)(a) and (6)(a) have effect as if for “governing body” there were substituted “the management committee”. ” .
Vernon Coaker
Minister of State
Department for Children, Schools and Families
29th March 2010
SI 2007 / 2979
The Children Act 2004 c 31 . section 10 has been amended by sections 193 and 194 of the Apprenticeships, Skills, Children and Learning Act 2009.
For the purposes of this paragraph “maintained school” has the meaning given by section 10(11) of the Children Act 2004 c.31 .
For the purposes of this paragraph “maintained secondary schools” has the meaning given by section 248(7) of the Apprenticeships, Skills, Children and Learning Act 2009.