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The Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2011

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2012 The Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2011 No. 206

PART 4Persons to whom direct payments may not be made

21.  The following persons may not receive direct payments—

(a)a person who is subject to a drug rehabilitation requirement, as defined by section 209 of the Criminal Justice Act 2003(1), imposed by a community order within the meaning of section 177 of that Act or by a suspended sentence order within the meaning of section 189 of that Act;

(b)a person who is subject to an alcohol treatment requirement, as defined by section 212 of the Criminal Justice Act 2003, imposed by a community order within the meaning of section 177 of that Act or by a suspended sentence order within the meaning of section 189 of that Act;

(c)a person who is released on licence under Part 2 of the Criminal Justice Act 1991(2), Chapter 6 of Part 12 of the Criminal Justice Act 2003 or Chapter 2 of Part 2 of the Crime (Sentences) Act 1997(3) subject to a non-standard licence condition requiring the offender to undertake offending behaviour work to address drug-related or alcohol-related behaviour;

(d)a person who is required to submit to treatment for their drug or alcohol dependency by virtue of a community rehabilitation order within the meaning of section 41 of the Powers of Criminal Courts (Sentencing) Act 2000 or a community punishment and rehabilitation order within the meaning of section 51 of that Act(4);

(e)a person who is subject to a drug treatment and testing order imposed under section 52 of the Powers of Criminal Courts (Sentencing) Act 2000(5).

(1)

2003 c.44; section 209 was amended by paragraphs 71 and 88 of Schedule 4 to the Criminal Justice and Immigration Act 2008 (c.4).

(4)

2000 c.6. Sections 41 and 51 were repealed, with savings, by Schedule 37 to the 2003 Act.

(5)

Section 52 was repealed, with savings, by Schedule 37 to the 2003 Act.

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