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Description of children entitled to be provided with school education

2.—(1) A child is of a prescribed description for the purposes of section 1(1A) of the 1980 Act (power to prescribe a description of children under school age who are entitled to be provided with school education) if the child–

(a)has attained the starting point; and

(b)subject to paragraphs (2) and (3) below has not commenced attendance at a primary school.

(2) Where–

(i)a child’s fifth birthday falls on or between the day after the date of commencement of the school year immediately preceding the child’s fifth birthday and 31st December; and

(i)by virtue of section 32(3) of the 1980 Act, the child commences attendance at a primary school on the date of commencement of the school year next following the child’s fifth birthday,

the child shall cease to be of a prescribed description from the date of commencement of the school year immediately preceding the child’s fifth birthday.

(3) Where a child is aged 5 years and does not commence attendance at a primary school on the date of commencement of the school year next following the child’s fifth birthday, the child shall cease to be of a prescribed description on that date of commencement of the school year.