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34(1)Section 3 of the Education Act 1996 (definition of pupil etc) is amended as follows.
(2)After subsection (1) there is inserted—
“(1A)A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).”
(3)In subsection (3) for “Subsection (1) also applies” there is substituted “Subsections (1) and (1A) also apply”.
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