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Education Act 1996

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This is the original version (as it was originally enacted).

562Act not to apply to persons detained under order of a court

(1)No power or duty conferred or imposed by or under this Act on—

(a)the Secretary of State,

(b)local education authorities, or

(c)parents,

shall be construed as relating to any person who is detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State, but a local education authority may make arrangements for a person who is detained in pursuance of such an order to receive the benefit of educational facilities provided by the authority.

(2)A child or young person who is being educated as a boarder at a school shall not be regarded for the purposes of subsection (1) as detained in pursuance of an order made by a court by reason of the fact that he is required to be at the school—

(a)by virtue of an order made by a court under the [1933 c. 12.] Children and Young Persons Act 1933 or by virtue of anything done under such an order; or

(b)by virtue of a requirement of a probation order or by virtue of anything done under such a requirement.

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