PART 2 continued
(1) This section applies to a child if a person who provides education to residents of an accommodation centre recommends in writing to the local education authority for the area in which the centre is that this section should apply to the child on the grounds that his special circumstances call for provision that can only or best be arranged by the authority.
(2) A local education authority may—
(a) arrange for the provision of education for a child to whom this section applies;
(b) disapply a provision of section 36 in respect of a child to whom this section applies.
(3) In determining whether to exercise a power under subsection (2) in respect of a child a local education authority shall have regard to any relevant guidance issued by the Secretary of State.
(4) The governing body of a maintained school shall comply with a requirement of the local education authority to admit to the school a child to whom this section applies.
(5) Subsection (4) shall not apply where compliance with a requirement would prejudice measures taken for the purpose of complying with a duty arising under section 1(6) of the School Standards and Framework Act 1998 (c. 31) (limit on infant class size).
(6) A local education authority may not impose a requirement under subsection (4) in respect of a school unless the authority has consulted the school in accordance with regulations made by the Secretary of State.
(7) In the case of a maintained school for which the local education authority are the admission authority, the authority may not arrange for the admission of a child to whom this section applies unless the authority has notified the school in accordance with regulations made by the Secretary of State.
(8) In this section—
(a) “maintained school” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (definition), and
(b) an expression which is also used in the Education Act 1996 (c. 56) shall have the same meaning as it has in that Act.
(1) A local authority may in accordance with arrangements made by the Secretary of State—
(a) assist in arranging for the provision of an accommodation centre;
(b) make premises available for an accommodation centre;
(c) provide services in connection with an accommodation centre.
(2) In particular, a local authority may—
(a) incur reasonable expenditure;
(b) provide services outside its area;
(c) provide services jointly with another body;
(d) form a company;
(e) tender for or enter into a contract;
(f) do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.
(3) In this section “local authority” means—
(a) a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and
(b) a Northern Ireland authority within the meaning of section 110 of that Act and an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/ 594 (N.I. 3)).
(1) In this Part “prescribed” means prescribed by the Secretary of State by order or regulations.
(2) An order or regulations under this Part may—
(a) make provision which applies generally or only in specified cases or circumstances (which may be determined wholly or partly by reference to location);
(b) make different provision for different cases or circumstances;
(c) include consequential, transitional or incidental provision.
(3) An order or regulations under this Part must be made by statutory instrument.
(4) An order or regulations under any of the following provisions of this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament—
(a) section 17,
(b) section 19,
(c) section 20,
(d) section 21,
(e) section 26,
(f) section 29,
(g) section 31,
(h) section 32,
(i) section 33,
(j) section 37,
(k) section 40, and
(l) section 41.
(5) An order under section 25 or regulations under section 30 may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(1) The Secretary of State may not make arrangements under section 16 for the provision of premises in Scotland unless he has consulted the Scottish Ministers.
(2) The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Scotland.
(3) An order under subsection (2) may, in particular—
(a) apply, disapply or modify the effect of an enactment (which may include a provision made by or under an Act of the Scottish Parliament);
(b) make provision having an effect similar to the effect of a provision of section 36 or 37.
(1) The Secretary of State may not make arrangements under section 16 for the provision of premises in Northern Ireland unless he has consulted the First Minister and the deputy First Minister.
(2) The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Northern Ireland.
(3) An order under subsection (2) may, in particular—
(a) apply, disapply or modify the effect of an enactment (which may include a provision made by or under Northern Ireland legislation);
(b) make provision having an effect similar to the effect of a provision of section 36 or 37.
The Secretary of State may not make arrangements under section 16 for the provision of premises in Wales unless he has consulted the National Assembly for Wales.