{
  "url": "https://openlegislation.uk/education-areas-to-which-pupils-and-students-belong-regulations-1996/regulation-5",
  "json_url": "https://openlegislation.uk/education-areas-to-which-pupils-and-students-belong-regulations-1996/regulation-5.json",
  "legislation": "uksi/1996/615",
  "legislation_title": "The Education (Areas to which Pupils and Students Belong) Regulations 1996",
  "legislation_url": "https://openlegislation.uk/education-areas-to-which-pupils-and-students-belong-regulations-1996",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "School pupils with statements of special educational needs and pupils at special schools",
  "text": "(1) This regulation shall not apply where regulation 4 above, 6 or 7 below applies.\n(2) This regulation shall apply in the case of a school pupil —\n(a) for whom a statement of special educational needs is maintained under Part III of the Education Act 1993; or\n(b) who is registered as a pupil at a special school.\n(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.\n(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.\n(5) Where—\n(a) the person responsible for such a pupil is not resident in England or Wales, and\n(b) there is a person who has care of the pupil who is ordinarily resident in England or Wales,\nthe pupil shall be treated as belonging to the area of the education authority in England or Wales where such person is ordinarily resident.\n(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.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 in force at 1.4.1996, see reg. 1"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2009/1301",
      "affecting_title": "The Education (Areas to which Pupils and Students Belong) (Amendment) (England) Regulations 2009"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2014/2103",
      "affecting_title": "The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014"
    },
    {
      "type": "words substituted",
      "affecting": "wsi/2009/1338",
      "affecting_title": "The Education (Areas to which Pupils and Students Belong) (Amendment) (Wales) Regulations 2009"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/615/regulation/5",
    "retrieved_at": "2026-10-31T10:31:02.183398+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}