Excepted pupils4
1
For the purposes of regulation 3, a child to whom any of paragraphs 2 to 8 of the Schedule applies is an excepted pupil in relation to an infant class at a school unless suitable education could be provided for him in another infant class at that school without relevant measures having to be taken.
2
In paragraph (1) “relevant measures” means measures which would—
a
be required to be taken to ensure compliance with the duty imposed by section 1(6) of the 1998 Act, and
b
prejudice the provision of efficient education or the efficient use of resources.