4.—(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.