Legislation – The Education (Pupil Registration) (England) (Coronavirus) (Amendment) (No. 2) Regulations 2020

Amendment to the Education (Pupil Registration) (England) Regulations 20062.

(1)

The Education (Pupil Registration) (England) Regulations 20062 are amended as follows.

(2)

In regulation 6 (contents of attendance register)—

(a)

in paragraph (1)—

(i)

at the end of sub-paragraph (iii) omit “or”;

(ii)

at the end of sub-paragraph (iv) insert “or”;

(iii)

after sub-paragraph (iv) insert—

“(v)

not attending in circumstances relating to coronavirus;”;

(b)

after paragraph (5) insert—

“(5A)

The circumstances of a pupil’s non-attendance relate to coronavirus for the purposes of paragraph (1)(v) only where—

(a)

the session takes place in the 2020-21 school year3; and

(b)

the pupil’s travel to or presence at the school would be—

(i)

contrary to any guidance relating to the incidence or transmission of coronavirus published by Public Health England, the Secretary of State for Health and Social Care or any body or authority exercising equivalent functions in relation to Scotland, Wales or Northern Ireland; or

(ii)

prohibited by any enactment relating to the incidence or transmission of coronavirus or any instrument made under such an enactment.”;

(c)

for paragraph (7) substitute—

“(7)

For the purpose of this regulation—

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“enactment” includes—

(a)

an enactment passed or made after these Regulations;

(b)

an enactment contained in subordinate legislation within the meaning of the Interpretation Act 19784;

(c)

an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

(d)

an enactment contained in, or in an instrument made under, an Act or Measure of Senedd Cymru; and

(e)

an enactment contained in, or in an instrument made under, Northern Ireland legislation;

“walking distance” has the meaning given to that expression in section 444(5) of the Education Act 1996.”.