Paragraph 5
(1)
This paragraph applies at any time during the first school year to a child placed in the school outside a normal placing round–
(a)
in relation to whom that school is the only school (apart from any school at which he has been refused a place or from which he has been permanently excluded) which–
(i)
is within a reasonable distance from his home, and
(ii)
provides suitable education; and
(b)
who did not, at the relevant date, ordinarily reside at a place which was within a reasonable distance from that school.
(2)
In sub-paragraph (1)(b) “the relevant date” means the date referred to in regulation 2(2).