- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (10/07/2011)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2012
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Education Act 1996, Section 444ZA is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where, in the case of a child of compulsory school age who is not a registered pupil at any school—
(a)a [F2local authority] has made arrangements under section 19 for the provision of education for him otherwise than at a school or at his home, and
(b)notice in writing of the arrangements has been given to the child's parent,
subsections (1) to (7) of section 444 have effect as if the place at which the education is provided were a school and the child were a registered pupil at that school.
(2)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,
(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, and
(d)notice in writing of the requirement has been given to the child's parent,
subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).
(3)In relation to a maintained school or a pupil referral unit—
(a)the reference in subsection (2)(a) to exclusion is a reference to exclusion under section 52 of the Education Act 2002, and
(b)the requirement referred to in subsection (2)(c) is a requirement imposed under section 29(3) of that Act.
(4)A child shall not be taken to have failed to attend regularly—
(a)in a case falling within subsection (1), at the place at which education is provided for him, or
(b)in a case falling within subsection (2), at the place at which he is required to attend,
unless he has failed to attend regularly since the giving of the notice mentioned in subsection (1)(b) or (2)(d).
(5)Section 572, which provides for the methods by which notices may be served under this Act, does not preclude the notice mentioned in subsection (1)(b) or (2)(d) from being given to a child's parent by any other effective method.
(6)In proceedings for an offence under section 444 in a case falling within subsection (1) of this section, [F3it is a defence for the parent to prove] that the child is receiving suitable education otherwise than by regular attendance at a school or at the place mentioned in subsection (1).
(7)In section 444 “leave”—
(a)in relation to a place at which education is provided as mentioned in subsection (1) of this section, means leave granted by any person authorised to do so by the [F2local authority];
(b)in relation to a place at which a child is required to attend as mentioned in subsection (2)(c) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school.
(8)In this section—
(a)“relevant school” means—
(i)a maintained school,
(ii)a pupil referral unit,
(iii)an Academy,
(iv)a city technology college, or
(v)a city college for the technology of the arts;
(b)“appropriate authority” means—
(i)in relation to a maintained school, the governing body,
(ii)in relation to a pupil referral unit, the [F2local authority], and
(iii)in relation to a school falling within paragraph (a)(iii), (iv) or (v), the proprietor of the school.]
Textual Amendments
F1S. 444ZA inserted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 116, 125(4); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1
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))
F3Words in s. 444ZA(6) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(9), 188(1) (with s. 109(11))
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