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 2012( 2 ) are 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—

“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—

(i) it has not been reasonably practicable to do so in person for a reason related to the incidence or transmission of coronavirus; and

(ii) 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 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—

(i) it has not been reasonably practicable to do so in person for a reason related to the incidence or transmission of coronavirus; and

(ii) 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 management committee 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. ” .

7. In regulation 24—

(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 proprietor 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 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—

(i) it has not been reasonably practicable to do so in person for a reason related to the incidence or transmission of coronavirus; and

(ii) 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 proprietor 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. ” .

8. In Schedule 1—

(a) after paragraph 2(1) insert—

“ (1A) In relation to relevant exclusions the reference in sub-paragraph (1) to 15 school days is to be read as a reference to 25 school days. ” ;

(b) in paragraph 10, after sub-paragraph (2) insert—

“ (3) Sub-paragraph (4) 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 sub-paragraph (1) to be held in person; and

(b) the review to be considered at the meeting relates to a relevant exclusion.

(4) Where this sub-paragraph applies, the meeting referred to in sub-paragraph (1) may be held using remote access, provided the arranging authority 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.

(5) Sub-paragraph (6) applies where, in relation to a relevant exclusion—

(a) immediately before the time limit referred to in sub-paragraph (2) expires, the meeting referred to in sub-paragraph (1) has not been held because—

(i) it has not been reasonably practicable to do so in person for a reason related to the incidence or transmission of coronavirus; and

(ii) 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 sub-paragraph (4)(a) to (d); and

(b) that time limit expires on or after the 1st June 2020.

(6) Where this sub-paragraph applies, the time limit referred to in sub-paragraph (2) is extended to the twenty-fifth school day after the date on which an application for a review is made, or such later date as is reasonably necessary for a reason related to the incidence and transmission of coronavirus. ” .