The Childcare (Exemptions from Registration) Order 2008

Exempt provision during home education

8.—(1) The circumstances referred to in articles 2(1) to 2(4) are where a person—

(a) is educating a child under a home education arrangement, and

(b) the provision made is incidental to the arrangement.

(2) A “home education arrangement” means an arrangement under which a child, who is of compulsory school age(1) and is receiving full-time education otherwise than at school, is partly or wholly educated by a person other than a parent of the child.

(1)

Section 8(1) the Education Act 1996 (c.56) provides that sections 8(2) and (3) of that Act apply to determine for the purposes of any enactment whether a person is of compulsory school age. Section 8(2) provides that a person begins to be of compulsory school age when he attains the age of five, if he attains that age on a prescribed day, and otherwise at the beginning of the prescribed day next following his attaining that age. Article 2 of the Education (Start of Compulsory School Age) Order 1998 (S.I. 1998/1607) provides that for the purposes of section 8(2), 31st August and 31st December shall be prescribed days for 1998 and successive years, and 31st March shall be a prescribed day for 1999 and successive years.