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5.—(1) The duty to make arrangements for the provision of full-time education imposed by—
(a)section 100 of the 2006 Act; or
(b)section 19(3A) of the 1996 Act,
does not apply in the cases prescribed in paragraph (2).
(2) The cases prescribed are—
(a)the pupil is in year 11 and has already taken (or missed, if the pupil failed or was unable to attend) all the public examinations for which the pupil was entered in that year;
(b)a statement of special educational needs is maintained by the local education authority in respect of a pupil pursuant to section 324 of the 1996 Act which indicates (however expressed) that the pupil should be provided at any time with a maximum number of hours’ education per week, being a number of hours less than that ordinarily provided for children of the same age as the pupil by the authority, where the authority is providing education for the maximum number of hours so indicated in accordance with the requirements of the statement.
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