Citation and commencement

1. These Regulations may be cited as the School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) (No. 2) Regulations 2020 and come into force on 25th September 2020.

Review of regulations 3 to 9

2. The Secretary of State must review the effectiveness of the amendments made by regulations 3 to 9 during the period starting with 25th September 2020 and ending with 24th March 2021.

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), in paragraph (a) of the definition of “relevant exclusion” for “but before 25th September 2020” substitute “but before 25th March 2021”.

5. In each of regulations 6(7A), 15(7A), 24(7A) and in paragraph 10(5) of Schedule 1, after “in relation to a relevant exclusion” insert “occurring before 25th September 2020”.

6. In regulation 6—

(a) in paragraph (7) for “Subject to paragraphs (7A), (7B) and” substitute “Subject to paragraphs (7A), (7B), (7C), (7D) and”;

(b) after paragraph (7B) insert—

“ (7C) Paragraph (7D) applies where, in relation to a relevant exclusion occurring on or after 25th September 2020—

(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 25th September 2020.

(7D) 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 such period as is reasonably necessary for a reason related to the incidence and transmission of coronavirus. ” .

7. In regulation 15—

(a) in paragraph (7) for “Subject to paragraphs (7A), (7B) and” substitute “Subject to paragraphs (7A), (7B), (7C), (7D) and”;

(b) after paragraph (7B) insert—

“ (7C) Paragraph (7D) applies where, in relation to a relevant exclusion occurring on or after 25th September 2020—

(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 25th September 2020.

(7D) 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 such period as is reasonably necessary for a reason related to the incidence and transmission of coronavirus. ” .

8. In regulation 24—

(a) in paragraph (7) for “Subject to paragraphs (7A), (7B) and” substitute “Subject to paragraphs (7A), (7B), (7C), (7D) and”;

(b) after paragraph (7B) insert—

“ (7C) Paragraph (7D) applies where, in relation to a relevant exclusion occurring on or after 25th September 2020—

(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 25th September 2020.

(7D) 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 such period as is reasonably necessary for a reason related to the incidence and transmission of coronavirus. ” .

9. In Schedule 1—

(a) in paragraph 10, after sub-paragraph (6) insert—

“ (7) Sub-paragraph (8) applies where, in relation to a relevant exclusion occurring on or after 25th September 2020—

(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 25th September 2020.

(8) Where this sub-paragraph applies, the time limit referred to in sub-paragraph (2) is extended to such later date as is reasonably necessary for a reason related to the incidence and transmission of coronavirus. ” .