The Education (Pupil Registration) (England) Regulations 2006
| Year | 2006 |
2006 No. 1751
EDUCATION, ENGLAND
The Education (Pupil Registration) (England) Regulations 2006
Made 1st July 2006
Laid before Parliament 12th July 2006
Coming into force 1st September 2006
In exercise of the powers conferred by sections 434(1), (3) and (4), 551(1) and 569 of the Education Act 19961, the Secretary of State for Education and Skills makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Education (Pupil Registration) (England) Regulations 2006 and come into force on 1st September 2006.
(2) These Regulations apply only in relation to schools in England.
Interpretation
2. In these Regulations —
“the local education authority” means, in the case of a school maintained by a local education authority that local education authority, and in every other case the local education authority for the area in which the school is situated;
“maintained school” means a school maintained by a local education authority;
“relevant person” means —
(a) in relation to a pupil under the age of 18, a parent of the pupil;
(b) in relation to a pupil who has attained that age, the pupil.
Revocation
3.—(1) The Education (Pupil Registration) Regulations 19952and the Education (Pupil Registration) (Amendment) Regulations 19973are revoked to the extent that they apply in relation to schools in England.
(2) The Education (Pupil Registration) (Amendment) (England) Regulations 20014are revoked.
Registers to be kept
4. The proprietor of every school shall cause to be kept—
(a) an admission register; and
(b) except in the case of a school of which all the pupils are boarders, an attendance register.
Contents of Admission Register
5.—(1) The admission register for every school shall contain an index in alphabetical order of all the pupils at the school and shall also contain the following particulars in respect of every such pupil—
(a)
(a) name in full;
(b)
(b) sex;
(c)
(c) the name and address of every person known to the proprietor of the school to be a parent of the pupil and, against the entry on the register of the particulars of any parent with whom the pupil normally resides, an indication of that fact and a note of at least one telephone number at which the parent can be contacted in an emergency;
(d)
(d) day, month and year of birth;
(e)
(e) day, month and year of admission or re-admission to the school; and
(f)
(f) name and address of the school last attended, if any.
(2) In the case of every school which includes boarding pupils a statement as to whether each pupil of compulsory school age is a boarder or a day pupil shall be added to the particulars specified in paragraph (1), and that statement shall be amended accordingly where a registered pupil at the school becomes or ceases to be a boarder at the school.
(3) For the purposes of this regulation only a pupil is a pupil at the school from the beginning of the first day on which the school has agreed, or has been notified, that the pupil will attend the school.
Contents of Attendance Register
6.—(1) The following particulars must be recorded in the attendance register at the commencement of each morning session and once during each afternoon session —
(a)
(a) in the case of every pupil whose name is entered in and not deleted from the admission register whether the pupil is —
(i) present;
(ii) absent;
(iii) attending an approved educational activity within paragraph (4); or
(iv) unable to attend due to exceptional circumstances within paragraph (5);
(b)
(b) in the case of any such pupil of compulsory school age who is absent, a statement whether or not his absence is authorised in accordance with paragraph (2);
(c)
(c) in the case of any such pupil of compulsory school age who is attending an approved educational activity the nature of that activity; and
(d)
(d) in the case of any pupil unable to attend due to exceptional circumstances, the nature of those circumstances:
but this paragraph does not apply in respect of a pupil who is a boarder.
(2) In the case of a pupil who is not a boarder, his absence shall be treated as authorised for the purposes of this regulation if—
(a)
(a) he has been granted leave of absence in accordance with regulation 7; or
(b)
(b) he is unable to attend—
(i) by reason of sickness or unavoidable cause;
(ii) on a day exclusively set apart for religious observance by the religious body to which his parent belongs; or
(iii) because the school is not within walking distance of the pupil’s home, and no suitable arrangements have been made by the local education authority either for his transport to and from the school, or for boarding accommodation for him at or near the school or for enabling him to become a registered pupil at a school nearer his home.
(3) Where the reason for a pupil’s absence cannot be established at the time when the register is taken, that absence shall be recorded as unauthorised and any subsequent correction to the register recording that absence as authorised shall be made in accordance with regulation 13 and as soon as practicable after the reason for the absence is established by the person with responsibility for completing the register.
(4) An approved educational activity is either—
(a)
(a) an activity which takes place outside the school premises and which is—
(i) approved by a person authorised in that behalf by the proprietor of the school;
(ii) of an educational nature, including work experience under section 560 of the Education Act 19965and a sporting activity; and
(iii) supervised by a person authorised in that behalf by the proprietor or the head teacher of the school; or
(b)
(b) attendance at another school at which the pupil is a registered pupil.
(5) The exceptional circumstances in which a pupil may be marked as unable to attend are where—
(a)
(a) the school site, or part of it, is closed due to unavoidable cause at a time when pupils are due to attend; or
(b)
(b) in the case of a pupil for whom transport to school is provided by the school or a local education authority, and whose home is not within walking distance of the school, that transport is not available.
(6) The name of a pupil may only be deleted from the attendance register when that pupil’s name has been deleted from the admission register for that school in accordance with regulation 8.
(7) For the purpose of this regulation “walking distance” has the meaning given to that expression in section 444(5) of the Education Act 19966.
Leave of absence
7.—(1) Leave of absence may only be granted by a person authorised in that behalf by the proprietor of the school.
(2) Leave of absence shall not be granted to enable a pupil to undertake employment (whether paid or unpaid) during school hours except—
(a)
(a) employment for the purpose of taking part in a performance within the meaning of section 37 of the Children and Young Persons Act 19637under the authority of a licence granted by the local authority under that section; or
(b)
(b) employment abroad for the purpose mentioned in section 25 of the Children and Young Persons Act 19338where a licence has been granted under that section by a justice of the peace.
(3) Subject to paragraph (4), a pupil may be granted leave of absence from the school to enable him to go away on holiday where —
(a)
(a) an application has been made in advance to the proprietor by a parent with whom the pupil normally resides; and
(b)
(b) the proprietor, or a person authorised by the proprietor in accordance with paragraph (1), considers that leave of absence should be granted due to the special circumstances relating to that application.
(4) Save in exceptional circumstances, a pupil shall not in pursuance of paragraph (3) be granted more than ten school days leave of absence in any school year.
(5) This regulation applies only in relation to a maintained school and a special school not maintained by a local education authority.
Deletions from Admission Register
8.—(1) The following are prescribed as the grounds on which the name of a pupil of compulsory school age shall be deleted from the admission register—
(a)
(a) where the pupil is registered at the school in accordance with the requirements of a school attendance order, that another school is substituted by the local education authority for that named in the order or the order is revoked by the local education authority on the ground that arrangements have been made for the child to receive efficient full-time education suitable to his age, ability and aptitude otherwise than at school;
(b)
(b) except where it has been agreed by the proprietor that the pupil should be registered at more than one school, in a case not falling within sub-paragraph (a) or regulation 9, that he has been registered as a pupil at another school;
(c)
(c) where a pupil is registered at more than one school, and in a case not falling within sub-paragraph (j) or (m) or regulation 9, that he has ceased to attend the school and the proprietor of any other school at which he is registered has given consent to the deletion;
(d)
(d) in a case not falling within sub-paragraph (a) of this paragraph, that he has ceased to attend the school and the proprietor has received written notification from the parent that the pupil is receiving education otherwise than at school;
(e)
(e) except in the case of a boarder, that he has ceased to attend the school and no longer ordinarily resides at a place which is a reasonable distance from the school at which he is registered;
(f)
(f) in the case of a pupil granted leave of absence exceeding ten school days for the purpose of a holiday in accordance with regulation 7(3), that —
(i) the pupil has failed to attend the school within the ten school days immediately...
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