Part X Miscellaneous and general

Chapter V Persons not covered by Act

C1C2562 Act not to apply to persons detained under order of a court.

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 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 F1community order under section 177 the Criminal Justice Act 2003 or by virtue of anything done under such a requirement.