39(1)In this Code “education requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must comply, during a particular period or particular periods, with arrangements for the offender's education—E+W
(a)made for the time being by the offender's parent or guardian, and
(b)approved by a relevant authority.
(2)A youth rehabilitation order which imposes an education requirement must specify—
(a)the relevant authority for the purposes of the requirement, and
(b)the period or periods during which the offender must comply with the education arrangements.
(3)The authority specified as the relevant authority must be the local authority (within the meaning of the Education Act 1996) for the area in which the offender resides or is to reside.
(4)Any period specified must end by the time the offender ceases to be of compulsory school age.
(5)In this paragraph, “parent” has the same meaning as in the Education Act 1996.
Commencement Information
I1Sch. 6 para. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
40E+WA court may not include an education requirement in a youth rehabilitation order unless—
(a)it has consulted the authority which is to be specified as the relevant authority (within the meaning of paragraph 39), and
(b)it is satisfied—
(i)that, in the view of that authority, arrangements exist for the offender to receive efficient full-time education suitable to the offender's age, ability, aptitude and special educational needs (if any), and
(ii)that, having regard to the circumstances of the case, it is necessary to include the education requirement in order to secure the good conduct of the offender or to prevent the commission of further offences.
Commencement Information
I2Sch. 6 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2