SCHEDULES

F1SCHEDULE 35BMeaning of “eligible child” for purposes of section 508B

Annotations:
Amendments (Textual)
F1

Sch. 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)

Children outside walking distance where no suitable alternative arrangements made

6

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.

7

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.

8

1

Where—

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

F3c

the appropriate authority for the school has made arrangements for the provision of full-time education for him otherwise than at the school or at his home during the period of exclusion,

paragraph 6 has effect as if the place at which F6the education is provided 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

F4b

in relation to a maintained school or a pupil referral unit, references in that sub-paragraph to exclusion are references to exclusion under F5section 51A of the Education Act 2002.