4.—(1) This regulation shall not apply where regulation 7 below applies.
(2) This regulation shall apply in the case of a school pupil —
(a)for whom a statement of special educational needs is maintained under Part III of the Education Act 1993(1); and
(b)who attends a boarding school or who is provided with boarding accommodation in pursuance of section 50(1) of the Education Act 1944(2); and
(c)who does not spend his holidays with the person responsible for him.
(3) Where the person responsible for such a pupil is ordinarily resident in the area of an education authority the pupil shall be treated as belonging to that area.
(4) Where the person responsible for such a pupil is not ordinarily resident in the area of an education authority, or there is no person responsible for the pupil, the pupil shall be treated as belonging to the area of the education authority which maintains the statement.
1944 c. 31; section 50(1) was amended by Part I of Schedule 2 to the Education Act 1946 (c. 50), Part I of Schedule 1 to the Education (Miscellaneous Provisions) Act 1948 (c. 40), paagraph 3 of Schedule 3 to the Education Act 1981 (c. 60), section 100(2) of, and Part II of Schedule 13 to, the Education Reform Act 1988 (c. 40), and paragraph 12 of Schedule 19 to the Education Act 1993.