36 Education: general

36  Education: general

(1)     For the purposes of section 13 of the Education Act 1996 (c 56) (general responsibility of [local authority]) a resident of an accommodation centre shall not be treated as part of the population of a [local authority's] area.

(2)     A child who is a resident of an accommodation centre may not be admitted to a maintained school or a maintained nursery (subject to section 37).

(3)     But subsection (2) does not prevent a child's admission to a school which is—

(a)     a community special school or a foundation special school, and

(b)     named in [an EHC plan maintained for the child under section 37 of the Children and Families Act 2014 or] a statement in respect of the child under section 324 of the Education Act 1996 (c 56) (special educational needs) [an individual development plan maintained for the child under section 14 or 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018].

(4)     In subsections (2) and (3)—

(a)     “maintained school” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c 31) (definition), and

(b)     “maintained nursery” means a facility for nursery education,

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