Regulation 4

There shall be substituted for regulation 5 of the principal Regulations the following regulation–

“Boarding school pupils whose circumstances change

5

(1)

This regulation shall apply in the case of a school pupil, other than one for whom a statement of special educational needs is maintained under the Education Act 1981^f1, who attends a boarding school as a boarder, where–

(a)

he so attends as a result of arrangements made or originally made by a local education authority under section 6 of the Education (Miscellaneous Provisions) Act 1953^f2, or

(b)

any fees or expenses which are related to his attendance are or were, immediately before the change of circumstances referred to in paragraph (2), paid, in whole or in part, by such an authority under regulations for the time being in force under section 81 of the Education Act 1944^f3.

(2)

Such a pupil who, by reason of a change of circumstances, ceases to be treated as belonging to the area of a particular local education authority (or would so cease but for this provision) shall, irrespective of whether he commenced boarding at the school before or after the coming into force of these Regulations, be treated, for so long as he remains a boarder at the school, as belonging to the area of the local education authority who placed him at the school or give (or gave) him such financial assistance in respect of his attendance there.”