{
  "url": "https://openlegislation.uk/education-act-1944-repealed-1111996/section-116",
  "json_url": "https://openlegislation.uk/education-act-1944-repealed-1111996/section-116.json",
  "legislation": "ukpga/Geo6/7-8/31",
  "legislation_title": "Education Act 1944 (repealed 1.11.1996)",
  "legislation_url": "https://openlegislation.uk/education-act-1944-repealed-1111996",
  "path": "section/116",
  "kind": "section",
  "number": "116",
  "heading": "Saving as to persons of unsound mind and persons detained by order of a court.",
  "text": "No power or duty conferred or imposed by this Act or by or under the Education Act 1993on the Secretary of State for Education and Science, on local education authorities, or on parents, shall be construed as relating . . . to any person who is detained in pursuance of an order made by any court or of an order of recall made by the Prison Commissioners, but a local education authority shall have power to make arrangements for a person who is detained in pursuance of an order made by a court, or of such an order of recall, to receive the benefit of educational facilities provided by the authority. Where a child or young person is being educated as a boarder at a school, the fact that he is required to be at the school by virtue of an order made by a court under the Children and Young Persons Act 1969 or by virtue of anything done under such an order, or by virtue of a requirement of a probation order or by virtue of anything done under such a requirement, shall not render him a person detained in pursuance of an order made by a court within the meaning of those words in this section.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 116 inserted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 25; S.I. 1993/1975, art. 9, Sch. 1"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words inserted by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 1 Pt. I"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words inserted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1969 c. 54."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Geo6/7-8/31/section/116",
    "retrieved_at": "2026-10-29T11:26:41.167119+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}