(1)Where a period allowed for any educational activity at a maintained school falls partly during school hours and partly outside school hours—
(a)if fifty per cent. or more of the time occupied by that period together with any connected school travelling time falls during school hours, so much of the education provided during that period as is provided outside school hours shall be treated for the purposes of section 106(2) of this Act as provided during school hours; and
(b)in any other case, so much of the education provided during that period as is provided during school hours shall be treated for those purposes as provided outside school hours.
(2)In this section “school travelling time ” means time spent on travel during school hours; and for the purposes of subsection (1)(a) above, such time is connected school travelling time in relation to any educational activity if it is spent by the pupils taking part in the activity in getting to or from the place where the activity takes place.
(3)Where any education provided at a maintained school is provided on a residential trip—
(a)if the number of school sessions taken up by the trip is equal to or greater than fifty per cent. of the number of half days spent on the trip, any education provided on the trip which is provided outside school hours shall be treated for the purposes of section 106(2) of this Act as provided during school hours; and
(b)in any other case, any education provided on the trip which is provided during school hours shall be treated for those purposes as provided outside school hours.
(4)In this section a “half day ” means any period of twelve hours ending with noon or midnight on any day.
(5)Where fifty per cent. or more of a half day is spent on a residential trip, the whole of that half day shall be treated for the purposes of subsection (3) above as spent on the trip.
(6)For the purposes of that subsection, a school session on any day on which such a session takes place at the school concerned shall be treated as taken up by a residential trip on which education is provided for registered pupils at the school if the time spent on the trip occupies fifty per cent. or more of the time allowed for that session at the school.
Modifications etc. (not altering text)
C1S. 106-111 modified (1.9.1994) by 1993 c. 35, s. 298, Sch. 18 para.9(1); S.I. 1994/2038, art. 3(1), Sch.2.
C2Ss. 106-111 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.
Ss. 106-111 applied (with modifications) (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I