Nationality, Immigration and Asylum Act 2002

Changes over time for: Section 36

Alternative versions:

Prospective- Amendment

Status:

This version of this provision is prospective.

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

where the provision (Part, Chapter or section) has never come into force or;
where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Nationality, Immigration and Asylum Act 2002, Section 36 is up to date with all changes known to be in force on or before 16 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Blanket amendment words substituted by S.I. 2011/1043 art. 3 4

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 18(1)(1A) substituted for s. 18(1) by 2016 c. 19 Sch. 11 para. 31(2)
s. 22A inserted by 2022 c. 36 s. 13(7)
s. 27(ba) inserted by 2022 c. 36 s. 13(10)
s. 51(2)(d) and word inserted by 2016 c. 19 Sch. 11 para. 26(6)
s. 55(2)(aa) inserted by 2016 c. 19 Sch. 11 para. 26(7)
s. 62(3A) inserted by 2023 c. 37 s. 11(8)
s. 80A(5A) inserted by 2023 c. 37 s. 10(8)
s. 82A inserted by 2022 c. 36 s. 23(1)
s. 94(6B) inserted by 2006 c. 13 s. 13
s. 106(2)(ua) inserted by 2007 c. 30 s. 19(3)
s. 107(2A) inserted by 2022 c. 36 Sch. 3 para. 5(a)
s. 126(2A) inserted by S.I. 2019/745 reg. 12(3)(b) (This amendment not applied to legislation.gov.uk. Reg. 12(2)(3) omitted immediately before IP completion day by virtue of S.I. 2020/1309, regs. 1(2)(a), 48)
Sch. 3 para. 1(1)(ga) inserted by 2016 c. 19 Sch. 12 para. 2(2) (This Act is amended by S.I. 2020/1309, Sch. 1 para. 3(a))
Sch. 3 para. 1(2A) inserted by 2016 c. 19 Sch. 12 para. 2(4) (This Act is amended by S.I. 2020/1309, Sch. 1 para. 3(b))
Sch. 3 para. 1A inserted by 2016 c. 19 Sch. 12 para. 3
Sch. 3 para. 2(1)(ca) inserted by 2016 c. 19 Sch. 12 para. 4(3)
Sch. 3 para. 2A inserted by 2016 c. 19 Sch. 12 para. 5
Sch. 3 para. 3A-3C inserted by 2016 c. 19 Sch. 12 para. 6
Sch. 3 para. 7B 7C and cross-headings inserted by 2016 c. 19 Sch. 12 para. 9
Sch. 3 para. 10A 10B inserted by 2016 c. 19 Sch. 12 para. 10 (This Act is amended by S.I. 2020/1309, Sch. 1 para. 3(c))
Sch. 3 para. 15(aa) inserted by 2016 c. 19 Sch. 12 para. 14(2)
Sch. 3 para. 15(d)-(f) inserted by 2016 c. 19 Sch. 12 para. 14(4)
Sch. 3 para. 7C(1)(c) word substituted by S.I. 2019/745 reg. 12(5)(d) (This amendment not applied to legislation.gov.uk. Reg. 12(5)(a)(c)(d) omitted immediately before IP completion day by virtue of S.I. 2020/1309, regs. 1(2)(a), 48)
Sch. 5 para. 3(1) Sch. 5 para. 3 renumbered as Sch. 5 para. 3(1) by 2005 c. 4 Sch. 4 para. 407(2) (This amendment not applied to legislation.gov.uk. The "original amending provision" is already fully in force, see Sch. 4 paras. 361, 407(5))
Sch. 5 para. 3(2)-(4) inserted by 2005 c. 4 Sch. 4 para. 407(4) (This amendment not applied to legislation.gov.uk. The "original amending provision" is already fully in force, see Sch. 4 paras. 361, 407(5))
Sch. 5 para. 3(1) words inserted by 2005 c. 4 Sch. 4 para. 407(3) (This amendment not applied to legislation.gov.uk. The "original amending provision" is already fully in force, see Sch. 4 paras. 361, 407(5))

Prospective

36 Education: generalU.K.

This section has no associated Explanatory Notes

(1)For the purposes of section 13 of the Education Act 1996 (c. 56) (general responsibility of [F1local authority]) a resident of an accommodation centre shall not be treated as part of the population of a [F1local authority] area.

(2)A child who is a resident of an accommodation centre may not be admitted to a maintained school or a maintained nursery (subject to section 37).

(3)But subsection (2) does not prevent a child’s admission to a school which is—

(a)a community special school or a foundation special school, and

(b)named in [F2an EHC plan maintained for the child under section 37 of the Children and Families Act 2014 or] [F3a statement in respect of the child under section 324 of the Education Act 1996 (c. 56) (special educational needs)] [F3an individual development plan maintained for the child under section 14 or 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018].

(4)In subsections (2) and (3)—

(a)“maintained school” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31) (definition), and

(b)“maintained nursery” means a facility for nursery education, within the meaning of section 117 of that Act, provided by a [F4local authority].

(5)The following shall not apply in relation to a child who is a resident of an accommodation centre (subject to section 37)—

(a)section 86(1) and (2) of the School Standards and Framework Act 1998 (parental preference),

(b)section 94 of that Act (appeal),

(c)section 19 [F5or 19A] of the Education Act 1996 (education out of school),

(d)[F6section 316(2) and (3) of that Act (child with special educational needs to be educated in mainstream school), F7...]

(e)[F8paragraphs 3 and 8 of Schedule 27 to that Act (special education needs: making of statement: parental preference).]

[F9(f)sections 33 and 34 of the Children and Families Act 2014 (mainstream education for children with special educational needs), [F10and]

(g)sections 38 and 39 of that Act (EHC plan: request of parent for named school etc).] [F11, and]

[F12(h)section 51 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (duty to favour education for children at mainstream maintained schools).]

[F13(5A)The powers of the First-tier Tribunal on determining an appeal under section 51(2)(c) of the Children and Families Act 2014 (appeals against certain aspects of content of EHC plan) are subject to subsection (2) above.]

(6)[F14The power of F15...[F16 the Special Educational Needs Tribunal for Wales] under section 326(3) of the Education Act 1996 (appeal against content of statement) is subject to subsection (2) above.]

[F14The power of the Education Tribunal for Wales under section 71(1) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (decisions on appeals under section 70) is subject to subsection (2) above.]

(7)A person exercising a function under this Act [F17, Part 3 of the Children and Families Act 2014] [F18, Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018] or the Education Act 1996 shall (subject to section 37) secure that a child who is a resident of an accommodation centre and who has special educational needs [F18or additional learning needs] shall be educated by way of facilities provided under section 29(1)(f) of this Act unless that is incompatible with—

(a)his receiving the special educational provision [F19called for by his special educational needs or] which his learning difficulty calls for,

[F20(aa)the child receiving the additional learning provision called for by the child’s additional learning needs,]

(b)the provision of efficient education for other children who are residents of the centre, or

(c)the efficient use of resources.

(8)A person may rely on subsection (7)(b) only where there is no action—

(a)which could reasonably be taken by that person or by another person who exercises functions, or could exercise functions, in respect of the accommodation centre concerned, and

(b)as a result of which subsection (7)(b) would not apply.

(9)An accommodation centre is not a school within the meaning of section 4 of the Education Act 1996 (definition); but—

(a)[F21Part 1 of the Education Act 2005 (school inspections)] shall apply to educational facilities provided at an accommodation centre as if the centre were a school (for which purpose a reference to the appropriate authority shall be taken as a reference to the person (or persons) responsible for the provision of education at the accommodation centre),

[F22(aa)section 36 of the Children and Families Act 2014 (assessment of education, health and care needs: England) shall have effect as if an accommodation centre were a school,]

(b)[F23section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body) shall have effect as if—

(i)an accommodation centre were a relevant school for the purposes of that section,

(ii)a child for whom education is provided at an accommodation centre under section 29(1)(f) were a registered pupil at the centre, and

(iii)a reference in section 329A to the responsible body in relation to an accommodation centre were a reference to any person providing education at the centre under section 29(1)(f), and]

[F23the person responsible for education at an accommodation centre may refer a case to a local authority under section 12(2)(a) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 as though—

(i)a child for whom education is provided at the centre under section 29(1)(f) were a child who is a registered pupil at a school, and

(ii)that person were the governing body of the school.]

(c)[F24section 140 of the Learning and Skills Act 2000 (c. 21) (learning difficulties: assessment of post-16 needs) shall have effect as if an accommodation centre were a school.]

(10)Subsections (1), (2) and (5) shall not apply in relation to an accommodation centre if education is not provided for children who are residents of the centre under section 29(1)(f).

(11)An expression used in this section and in the Education Act 1996 (c. 56) shall have the same meaning in this section as in that Act.

Textual Amendments

F1Words in s. 36(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 51(2)(a)

F2Words in s. 36(3)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(2); S.I. 2014/889, art. 7(a)

F3Words in s. 36(3)(b) substituted (W.) (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(a)

F4Words in s. 36(4)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 51(2)(b)

F5Words in s. 36(5)(c) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 7

F6S. 36(5)(d) omitted (W.) (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(b)

F7Word in s. 36(5)(d) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(3); S.I. 2014/889, art. 7(a)

F8S. 36(5)(e) omitted (W.) (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(b)

F9S. 36(5)(f)(g) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 79(3); S.I. 2014/889, art. 7(a)

F10Word in s. 36(5) omitted (W.) (1.9.2021) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 6(2)(c)