Textual Amendments
F1Sch. 35B inserted (1.9.2007 for the insertion of Sch. 35B para. 1 for specified purposes and paras. 2-10, 14, 15 for all purposes, 1.9.2008 in so far as not already in force) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 8; S.I. 2007/1801, art. 4(k); S.I. 2008/1971, art. 2(b)
6U.K.A child falls within this paragraph if—
(a)he is of compulsory school age and is a registered pupil at a qualifying school which is not within walking distance of his home,
(b)no suitable arrangements have been made by the [F2local authority] for boarding accommodation for him at or near the school, and
(c)no suitable arrangements have been made by the [F2local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home.
Textual Amendments
F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
7U.K.A child falls within this paragraph if—
(a)he is of compulsory school age and is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),
(b)that place is not within walking distance of his home,
(c)no suitable arrangements have been made by the [F2local authority] for boarding accommodation for him at or near that place, and
(d)no suitable arrangements have been made by the [F2local authority] for enabling him to become a registered pupil at a qualifying school nearer to his home.
Textual Amendments
F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
8(1)Where—U.K.
(a)a child of compulsory school age has been excluded from a relevant school,
(b)he remains for the time being a registered pupil at the school, and
(c)he is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any instruction or training,
paragraph 6 has effect as if the place at which the child is required to attend were a qualifying school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).
(2)For the purposes of sub-paragraph (1)—
(a)“relevant school” and “appropriate authority” have the same meaning as in section 444ZA (application of section 444 to alternative educational provision), and
(b)subsection (3) of that section applies in relation to that sub-paragraph as it applies in relation to subsection (2) of that section.]