OpenLegislation

Regulation 5 School pupils with statements of special educational needs and pupils at special schoolsI1

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 4 above, 6 or 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 1993; or

(b)

who is registered as a pupil at a special school.

(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 resident in England or Wales but is not ordinarily resident in the area of an education authority, the pupil shall be treated as belonging to the area of the authority in which the person responsible for such a pupil is for the time being resident.

(5)

Where—

(a)

the person responsible for such a pupil is not resident in England or Wales, and

(b)

there is a person who has care of the pupil who is ordinarily resident in England or Wales,

the pupil shall be treated as belonging to the area of the education authority in England or Wales where such person is ordinarily resident.

(6)

Where the person responsible for the pupil is not resident in England and Wales and there is no person who has care of the pupil in England or Wales, the pupil shall be treated as belonging to the area of the education authority making provision for his education.

Annotations

Commencement

I1

Reg. 5 in force at 1.4.1996, see reg. 1