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
[F3(c)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 [F4the 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
[F5(b)in relation to a maintained school or a pupil referral unit, references in that sub-paragraph to exclusion are references to exclusion under [F6section 51A] of the Education Act 2002.]]
Textual Amendments
F3Sch. 35B para. 8(1)(c) substituted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 52(2); S.I. 2012/2197, art. 2(c)
F4Words in Sch. 35B para. 8(1) substituted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 52(3); S.I. 2012/2197, art. 2(c)
F5Sch. 35B para. 8(2)(b) substituted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 52(4); S.I. 2012/2197, art. 2(c)
F6Words in Sch. 35B para. 8(2)(b) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 7; S.I. 2012/1087, art. 3 (with art. 4)