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9.—(1) The circumstances referred to in article 2(2) are where the provision is made—
(a)at a relevant school as part of the school’s activities,
(b)by the proprietor of the school or a person employed to work at the school, and
(c)for a child who—
(i)is a registered pupil at the school, and
(ii)has not attained the age of three but will do so before the expiry of the child’s first term at the school.
(2) “Relevant school” means a maintained school, a school approved by the Secretary of State under section 342 of the Education Act 1996(1) (approval of non-maintained special schools), or an independent school.
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