The School
Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews)
(Amendment) (No. 2) Regulations 2020
Made - 26th August 2020
Laid before Parliament - 28th August 2020
Coming into force - 25th September 2020
These Regulations amend the School Discipline (Pupil Exclusions
and Reviews) (England) Regulations 2012 (SI 2012/1033) (the ‘2012
Regulations’). The 2012 Regulations set out procedures in
relation to exclusions under section 51A of the Education Act
2002, from maintained schools, pupil referral units and academies
(Academy schools and alternative provision Academies) in England.
Regulation 4 of these Regulations amends the definition of
relevant exclusions in the 2012 Regulations by extending the date
by which an exclusion must have taken place, in order to be a
relevant exclusion, from 25th September 2020 to 25th March 2021.
This has the effect of extending the range of exclusions that are
covered by provisions of the 2012 Regulations which enable
certain meetings at which an exclusion will be considered, to be
held by remote access if certain conditions apply.
Regulations 5 to 9 limit the existing provisions of the 2012
Regulations which extend certain time limits in those
Regulations, if they cannot be met for a reason related to
incidence and transmission of coronavirus or the practicability
of holding a meeting by remote access. The effect is that those
extensions of time apply, notwithstanding the amended definition
of relevant exclusion referred to above, to exclusions which
occurred before 25th September 2020. Regulations 5 to 9 also make
alternative provision extending time limits for relevant
exclusions which take place on or after that date.
The amendments made by regulations 3 to 9 are required, by
regulation 2, to be kept under review during the period starting
with 25th September 2020 and ending with 24th March 2021.