43Temporary exceptions for individual pupils and children: supplementaryE+W
(1)This section makes further provision about regulations made under section 42.
(2)The regulations must not allow a determination to be made under the regulations on the grounds that a pupil or child has, or may have, additional learning needs (see, instead, section 41).
(3)The regulations must specify that that the operative period of a determination made under the regulations is either—
(a)a fixed period specified in the determination that does not exceed 6 months, or
(b)a period that must be brought to an end (in accordance with the regulations) no later than 6 months from its beginning.
(4)But the regulations may specify a different operative period for a determination if that operative period is to begin—
(a)immediately after the end of the operative period of a previous determination, or
(b)before the end of a period, specified in the regulations, that begins with the end of the operative period of a previous determination.
(5)The regulations may enable a person who makes a determination under the regulations—
(a)to vary the determination, except in relation to its operative period, or
(b)to revoke the determination.
(6)The regulations may specify—
(a)cases or circumstances in which a determination made under the regulations may be varied or revoked;
(b)conditions which must be met before a determination made under the regulations may be varied or revoked.
(7)In this section, the “operative period” of a determination means the period for which the determination has effect.
Commencement Information
I1S. 43 in force at 14.6.2022 for specified purposes by S.I. 2022/652, art. 3(a)
I2S. 43 in force at 1.9.2022 in so far as not already in force by S.I. 2022/652, art. 4(b)