Education, England Citation, commencement, and interpretation 1 1 These Regulations may be cited as the Complaints against Schools (England) Regulations 2010 and come into force on 19th April 2010. 2 These Regulations apply in relation to England only. 3 In these Regulations— “the 2009 Act ” means the Apprenticeships, Skills, Children and Learning Act 2009; “First Tier Tribunal” has the meaning given by section 3(1) of the Tribunals, Courts and Enforcement Act 2007 ; “public examination” has the meaning given by section 462(4) of the Education Act 1996 . Functions of the head teacher that may be the subject of a complaint 2 The functions of the head teacher under the following provisions are prescribed for the purposes of section 206(2)(b) of the 2009 Act— a sections 403 ( sex education ), 406 ( forbidding political indoctrination ), 407 ( duty to secure balanced treatment of political issues ) and 550AA ( head teacher authorising members of staff to search pupils for weapons ) of the Education Act 1996; b sections 43 ( provision of careers education in schools ), 44 ( duty to cooperate with careers adviser ) and 45 ( provision of careers information ) of the Education Act 1997 ; c sections 69 ( duty to secure provision of religious education ), and 70 ( requirements relating to collective worship) of the School Standards and Framework Act 1998; d sections 52(1) ( exclusion of pupils ) insofar as it relates to exclusions for a fixed period, 79(3) ( duty to implement general requirements in relation to curriculum ), and 85(9) ( duty to have regard to guidance related to work related learning or entitlement areas ) of the Education Act 2002 ; e sections 89 ( determination of behaviour policy ), 92(3)(b)( detention outside school sessions ) and 104 ( notice to parent relating to excluded pupil ) of the Education and Inspections Act 2006 ; f regulation 3(1) of the Education (School Sessions and Charges and Remissions Policies)(Information)(England) Regulations 1999 ; g regulations 5, 7 and 8 of the Education (School Government)(Terms of Reference)(England) Regulations 2000 ; h the Education (National Curriculum)(Temporary Exceptions for Individual Pupils)(England) Regulations 2000 ; i regulations 3, 4, 7 and 7A of the Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) Regulations 2002 insofar as they relate to exclusions for a fixed period; j regulations 4, 5 and 6(8) of the Education (National Curriculum)(Key Stage 2 Assessment Arrangements)(England) Order 2003 ; k regulation 4 of the Education (National Curriculum)(Key Stage 3 Assessment Arrangements)(England) Order 2003 ; l regulations 6, 7 and 8 of the Education (Pupil Information)(England) Regulations 2005 ; m the Education (Reintegration Interview)(England)Regulations 2007 ; n regulations 4 and 5 of the Education (Pupil Exclusions and Appeals)(Pupil Referral Units) (England) Regulations 2008 insofar as they relate to exclusions for a fixed period; and o Part 9 of the School Teachers’ Pay and Conditions Document 2009 . Excluded complaints 3 The rights of appeal provided for in the following provisions are prescribed for the purposes of section 206(3)(b) of the 2009 Act— a the Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) Regulations 2002 and the Education (Pupil Exclusions and Appeals)(Pupil Referral Units) Regulations 2008 ; and b section 28I(1) of the Disability Discrimination Act 1995 . Prescribed period within which former registered pupils may be deemed pupils 4 The prescribed period for the purposes of section 206(6)(d) of the 2009 Act is 12 months. Circumstances in which a Local Commissioner may determine that a person is to be treated as a pupil 5 For the purposes of section 207(6) of the 2009 Act, a Local Commissioner may determine that a person who has not been a registered pupil within the period prescribed in regulation 4 is to be treated as a pupil where that person— a returns to; or b enters the school for the purpose of taking a public examination. Vernon Coaker Minister of State Department for Children, Schools and Families 18th March 2010