Education Act 1989

  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
26 Exemption from attendance

(1)

A designated officer (as defined in section 21(1)) may, by certificate given to a student’s parent, exempt the student (entirely or partly) from attending a school—

(a)

on the parent’s application; and

(b)

if satisfied that—

(i)

the student is under 10, and the walking distance between the student’s residence and the school is more than 3 kilometres; or

(ii)

the walking distance between the student’s residence and the school is more than 5 kilometres; or

(iii)

it is sensible to exempt the student for some other reason.

(2)

If a designated officer refuses to grant a certificate under subsection (1), the applicant parent may appeal to the Secretary who, after considering a report on the matter from the Chief Review Officer, shall confirm the refusal or grant a certificate.

(3)

The Secretary’s decision is final.

(4)

Subject to subsections (6) and (7), a certificate under subsection (1) shall specify the day on which it expires; and until it expires or is cancelled, the student’s parent is not subject to section 20 in respect of the student.

(5)

Every certificate under subsection (1) shall state the grounds on which it was granted.

(6)

No certificate granted under subsection (1)(b)(iii) shall specify an expiry day more than 7 school days after the day it is granted.

(7)

No other certificate under subsection (1) shall specify an expiry day more than 1 year after the day it is granted.

(8)

Where a certificate under subsection (1) expires, a designated officer may, subject to that subsection, issue another in its place.

(9)

The Secretary may at any time cancel a certificate under subsection (1).

Compare: 1964 No 135 s 118