OpenLegislation

Regulation 4 School pupils with statements of special educational needs living in boarding accommodationI1

England and Wales

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

(1)

This regulation shall not apply where regulation 7 below applies.

(2)

This regulation shall apply in the case of a school pupil —

(a)

for whom a statement of special educational needs is maintained under Part III of the Education Act 1993f1; and

(b)

who attends a boarding school or who is provided with boarding accommodation in pursuance of section 50(1) of the Education Act 1944f2; and

(c)

who does not spend his holidays with the person responsible for him.

(3)

Where the person responsible for such a pupil is ordinarily resident in the area of an education authority the pupil shall be treated as belonging to that area.

(4)

Where the person responsible for such a pupil is not ordinarily resident in the area of an education authority, or there is no person responsible for the pupil, the pupil shall be treated as belonging to the area of the education authority which maintains the statement.

Annotations

Commencement

I1

Reg. 4 in force at 1.4.1996, see reg. 1

Footnotes

f1

1993 c. 35.

f2

1944 c. 31; section 50(1) was amended by Part I of Schedule 2 to the Education Act 1946 (c. 50), Part I of Schedule 1 to the Education (Miscellaneous Provisions) Act 1948 (c. 40), paagraph 3 of Schedule 3 to the Education Act 1981 (c. 60), section 100(2) of, and Part II of Schedule 13 to, the Education Reform Act 1988 (c. 40), and paragraph 12 of Schedule 19 to the Education Act 1993.