These regulations are the Education (When State Schools Must Be Open and Closed) Regulations 2024.

These regulations come into force on 6 June 2024.

The powers conferred on the Minister by regulations 6 to 10 may be exercised in respect of all schools, schools of a particular classification or description, or specified schools.

Regulations 6 to 10 have effect as if specialist schools and special services were State schools.

In these regulations, unless the context otherwise requires, Act means the Education and Training Act 2020.

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

The Minister may, by notice before 1 July in any year, specify the number of half-days on which schools must be open during the next year.

For the purposes of subclause (1), different numbers may be fixed for schools of different classes or descriptions.

Except as provided in the Act, a board must ensure that each school it administers is open for instruction on the number of half-days specified under subclause (1).

If, because of a lawful strike or lockout (within the meaning of Part 8 of the Employment Relations Act 2000), a school is not open for instruction on any half-day, the school is, for the purposes of subclause (3), treated as having been open for instruction on that half-day.

If the Minister fails to specify the number of half-days on which schools must be open in any year, the number specified for the previous year applies for that year.

A notice under subclause (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Minister may, by notice before 1 July in any year, specify (by reference to specific dates, specified days, the number of half-days determined under regulation 6, or any 2 or more of those means)—

A board must ensure that each school it administers is open for instruction for 1 half-day that finishes at or before noon and 1 half-day that starts at or after noon on every day during the terms specified, ascertained, or determined under subclause (1).

However, a board may vary the time at which any 1 or more half-days take place (for example, by starting a second half-day before noon) if the board—

A board may also vary the time at which any 1 or more half-days take place without satisfying the requirements in subclause (3)(a) if—

A student enrolled at a State school must comply with section 36 of the Act even if the school’s board varies the time of any 1 or more half-days.

On any day, a school is not open for instruction at all if it is open for less than 1 half-day.

To avoid doubt, if a school opens on any day for only 1 half-day, that half-day may be counted towards the number of half-days fixed by the Minister under regulation 6(1).

If the Minister fails to specify terms, or a means of ascertaining or determining them, in any year, the terms specified for the previous year apply for that year.

A notice under subclause (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A board must ensure that each school it administers is closed on—

However, the Minister may, by notice, specify the circumstances in which boards may open the schools they administer or any of them on Saturdays or Sundays, and, if the Minister does so, the schools may open.

The Minister may, by notice before 1 July in any year, specify days during the next year (in addition to those specified in subclause (1)) on which boards may close the schools they administer or any of them, and, if the Minister does so, schools may be closed accordingly.

If the Minister fails to specify days on which schools may be closed for any year, the days on which the schools may be closed are the days specified for the previous year.

The Minister may, by notice, specify the circumstances in which boards may close the schools they administer or any of them, and, if the Minister does so, subject to regulation 6, the schools may be closed accordingly.

A notice under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Minister may, by notice, authorise a board to open a school it administers for fewer half-days in any year than required by regulation 6(3) and, if the Minister does so, the school may be closed accordingly.

The Minister may, by notice, authorise a board to open and close a school it administers in accordance with terms and holidays (specified by the Minister) that differ from those otherwise required by the Act to be observed, and, subject to any terms and conditions specified by the Minister when giving the authority, the school may be open and closed accordingly.

A notice under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Minister may, by notice, authorise a board to run a multiple timetable arrangement for a period that the board specifies for a school it administers if the Minister—

An authorisation under subclause (1) may be given unconditionally or subject to any conditions the Minister thinks fit.

A notice under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Minister may, by notice, delegate their powers under regulations 6 to 10 to the Secretary in relation to any individual school and, if the Minister does so,—

A notice under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Education (When State Schools Must Be Open) Regulations 2022 (SL 2022/302) are revoked.