Regulation 5 Conditions as to age
It shall be a condition that the child—
either shall have attained the age of 11 years by the beginning of his first assisted year or in the case of a child who, if selected for an assisted place, would be provided with education with pupils the generality of whom would have attained that age by that date, shall be of such age that he will have attained the age of 11 years before 1st September next following the beginning of his first assisted year, and
subject to paragraph (2), shall be of such age that he will, on 1st September in the calendar year in which his first assisted year begins, be of an age specified in the participation agreement as a normal age of entry to the school to which it is intended that the child should be admitted, or will attain that age before 1st September next following the beginning of his first assisted year.
Paragraph (1)(b) shall not apply in the case of a child selected for education in the sixth form of a school in accordance with regulation 6 or in the case of a child who, if selected for an assisted place, will be provided with education in the same class as assisted pupils who were admitted to the school in an earlier school year.