Commentary Part 7: Discipline, Behaviour and Exclusion Section 90: Meaning of “disciplinary penalty”
446.Subsection (1) defines “disciplinary penalty” for the purposes of this Chapter of the Act as a penalty imposed on a pupil by any school at which education is provided for him, where his conduct falls below the standard which could reasonably be expected of him because (for example) he fails to follow a school rule or an instruction given by a member of staff. The reference to any school at which education is provided for a pupil is intended to cover both the school a pupil normally attends and any other school he attends, for example for a particular course.
447.Subsection (2) makes it clear that “conduct” includes conduct off school premises and where the pupil is not under the control or charge of staff (so far as that is reasonable) and includes conduct which consists of a failure to comply with a disciplinary penalty previously imposed.