The Education (Areas to which Pupils and Students Belong) Regulations 1996

Interpretation

2.—(1) In these Regulations—

• “child looked after by a local authority” has the meaning assigned to it by section 22(1) of the Children Act 1989(1);

• “education authority” means a local education authority;

• “further education student” means a person in respect of whom provision for further education is made;

• “hospital” includes a nursing home or other establishment (not being a school) for the care of persons who are sick or disabled (including persons whose sickness or disability makes special educational provision requisite) and, in relation to such an establishment, “patient” includes any sick or disabled person cared for therein;

• “parent” includes a person who is not a parent of a person but who has parental responsibility for him;

• “parental responsibility” has the meaning assigned to it by section 3 of the Children Act 1989; and

• “school pupil” means a person in respect of whom provision for primary or secondary education is made and includes a person for whom such provision is made otherwise than at a school.

(2) References in these Regulations to the place where a person is ordinarily resident are references to the address where that person is habitually and normally resident apart from temporary or occasional absences, except that no school pupil shall be treated as being ordinarily resident in the area of an education authority by reason only of his residing as a boarder at a school which is situated in the area of that authority.

(3) References in these Regulations to the person responsible for a school pupil are to—

(a) the parent with parental responsibility for him,

provided that if the parents of a school pupil with parental responsibility for him live in different education authority areas—

(i) the person responsible for the pupil shall be the parent with parental responsibility for him with whom the pupil is habitually and normally resident,

(ii) if the pupil is habitually and normally resident with more than one parent with parental responsibility for him, the person responsible for the pupil shall be the parent who is ordinarily resident nearest to the school attended by the pupil or to the place at which the pupil receives education otherwise than at school,

(iii) if the pupil is not habitually and normally resident with a parent with parental responsibility for him, the person responsible for the pupil shall be the parent who is ordinarily resident nearest to the school attended by the pupil or to the place at which the pupil receives education otherwise than at school; or

(b) where there is no parent with parental responsibility for him, to the person (not being a local authority) who has care of him when he is not attending school or living in boarding accommodation or in hospital.

(1)

1989 c. 41.