Amendments to Schedule B1A8

1

Schedule B1A (additional measures)9 is amended as follows.

2

In paragraph 2(2)(a), for “foreign territory represented by the mission”, substitute “foreign country represented by the mission”;

3

In paragraph 18—

a

in sub-paragraph (2)(a) after paragraph (vii) insert—

viia

an unaccompanied child, where it is not reasonable for a person with responsibility for P to reside with the child in accommodation designated by the Secretary of State for the purposes of this Schedule,

b

at the end insert—

3

P is also a relevant person if—

a

P is, or was on the 1st September 2020, a child;

b

P travels to the UK for the purposes of receiving education at a boarding school in England at which education and accommodation is due to be provided for P;

c

P is not accompanied into the UK by an individual who has responsibility for P, or if P is aged 18, would have had such responsibility if P were a child; and

d

the Secretary of State has confirmed in writing that this paragraph applies in relation to P and has not withdrawn that confirmation.

4

In this paragraph—

a

“boarding school” means a school or college, which—

i

provides accommodation for its pupils or, as the case may be, students on its own premises, or

ii

arranges accommodation for its pupils or students to be provided elsewhere (other than in connection with a residential trip away from the school);

b

“school” means—

i

an alternative provision academy within the meaning of section 1C of the Academies Act 201010,

ii

a community, foundation or voluntary school or a community or foundation special school within the meaning of section 20 of the School Standards and Framework Act 199811,

iii

an independent school (as defined by section 463 of the Education Act 199612) registered under section 95 of the Education and Skills Act 200813,

iv

a non-maintained special school (as defined in section 337A of the Education Act 199614), or

v

a pupil referral unit within the meaning of section 19(2B) of the Education Act 199615;

c

“college” means—

i

an institution within the further education sector within the meaning of section 91 of the Further and Higher Education Act 199216, or

ii

a 16 to 19 Academy within the meaning of section 1B of the Academies Act 201017.