Paragraph 8 F1

United Kingdom

(1)

Where—

(a)

a child of compulsory school age has been excluded from a relevant school,

(b)

he remains for the time being a registered pupil at the school, and

(F2c)

the appropriate authority for the school has made arrangements for the provision of full-time education for him otherwise than at the school or at his home during the period of exclusion,

paragraph 6 has effect as if the place at which F3the education is provided were a qualifying school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).

(2)

For the purposes of sub-paragraph (1)—

(a)

“relevant school” and “appropriate authority” have the same meaning as in section 444ZA (application of section 444 to alternative educational provision), and

(F4b)

in relation to a maintained school or a pupil referral unit, references in that sub-paragraph to exclusion are references to exclusion under F5section 51A of the Education Act 2002.

Annotations

Textual amendments

F1: Sch. 35B inserted (1.9.2007 for the insertion of Sch. 35B para. 1 for specified purposes and paras. 2-10, 14, 15 for all purposes, 1.9.2008 in so far as not already in force) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 8; S.I. 2007/1801, art. 4(k); S.I. 2008/1971, art. 2(b)
F2: Sch. 35B para. 8(1)(c) substituted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 52(2); S.I. 2012/2197, art. 2(c)
F3: Words in Sch. 35B para. 8(1) substituted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 52(3); S.I. 2012/2197, art. 2(c)
F4: Sch. 35B para. 8(2)(b) substituted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 52(4); S.I. 2012/2197, art. 2(c)
F5: Words in Sch. 35B para. 8(2)(b) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 7; S.I. 2012/1087, art. 3 (with art. 4)