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(1)No power or duty conferred or imposed by or under this Act on—
(a)the Secretary of State,
(b)[F1local authorities] , or
(c)parents,
shall be construed as relating to any person who is detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State, but a [F2local authority] may make arrangements for a person who is detained in pursuance of such an order to receive the benefit of educational facilities provided by the authority.
(2)A child or young person who is being educated as a boarder at a school shall not be regarded for the purposes of subsection (1) as detained in pursuance of an order made by a court by reason of the fact that he is required to be at the school—
(a)by virtue of an order made by a court under the M1Children and Young Persons Act 1933 or by virtue of anything done under such an order; or
(b)by virtue of a requirement of a [F3[F4youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008]] or by virtue of anything done under such a requirement.
Textual Amendments
F1Words 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(3) (with Sch. 2 para. 7(4)(5))
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. 562(2)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 73; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(30) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F4Words in s. 562(2)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 47 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(p)(v)
Modifications etc. (not altering text)
C1S. 562 excluded (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 168(5), 173(1)(c)
C2S. 562 excluded (12.11.2009) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 264(4), 269(1)
Marginal Citations