Education Act 1996

Chapter V E+W Persons not covered by Act

561 Act not to apply to persons in service of the Crown. E+W

No power or duty conferred or imposed by this Act on—

(a) the Secretary of State,

(b) local education authorities, or

(c) parents,

shall be construed as relating to any person who is employed by or under the Crown in any service or capacity with respect to which the Secretary of State certifies that, by reason of the arrangements made for the education of children and young persons so employed, the exercise and performance of those powers and duties with respect to such children and young persons is unnecessary.

562 Act not to apply to persons detained under order of a court. E+W

(1) No power or duty conferred or imposed by or under this Act on—

(a) the Secretary of State,

(b) local education 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 local education 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 M1 Children and Young Persons Act 1933 or by virtue of anything done under such an order; or

(b) by virtue of a requirement of a [F1 community order under section 177 the Criminal Justice Act 2003] or by virtue of anything done under such a requirement.

Textual Amendments

F1 Words 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))

Marginal Citations

M1 1933 c. 12.