Regulation 4 Excepted pupils
(1)
For the purposes of regulation 3, a child to whom any of paragraphs 2 to 7 of the Schedule applies is an excepted pupil in relation to a lower primary class at a school unless suitable education could be provided for him in another lower primary class at that school without relevant measures having to be taken.
(2)
In paragraph (1) “relevant measures” means measures which would–
(a)
be required to be taken to ensure compliance with any limit imposed by regulation 3, and
(b)
prejudice the provision of efficient education or the efficient use of resources.