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Regulation 5 Special cases Boarding school pupils

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

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

(a)

the school is maintained by a local education authority or is a grant-maintained school, or

(b)

he so attends pursuant to arrangements made by such an authority undersection 6 of the Education (Miscellaneous Provisions) Act 1953f1, or

(c)

any fees or expenses which are related to his attendance are 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 1944f2.

(2)

Such a pupil 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 is a boarder at the school, as belonging to the area of the local education authority—

(a)

who placed him at the school or give him financial assistance in respect of his attendance there, or, where there is no such authority,

(b)

who maintain the school or (in the case of a grant-maintained school) from whom sums are recoverable under section 81 of the Education Reform Act 1988 in respect of the school.

Annotations

Footnotes

f1

1953 c. 33; section 6(1) was amended by Schedule 7 to the Education Act 1980 (c. 20) and section 6(2) by paragraph 8(2) of Schedule 3 to the Education Act 1981 (c. 60).

f2

1944 c. 31; section 81 was amended by Part I of Schedule 12 to the Education Reform Act 1988 (c. 40).