SCHEDULE EXCEPTED PUPILS
5 (1) This paragraph applies at any time during the admission school year to a child admitted to the school outside a normal admission round—
(a) in relation to whom that school is the only school (apart from any school to which he has been refused admission or from which he has been permanently excluded) which—
(i) is within a reasonable distance from his home, and
(ii) provides suitable education; and
(b) who did not, at the relevant time, ordinarily reside at a place which was within a reasonable distance from that school.
(2) In sub-paragraph (1)(b) “the relevant time”—
(a) in relation to a child to whom regulation 2(3) applies, means the time when the majority of pupils in the age group in which he falls were admitted to the school; and
(b) in relation to a child to whom regulation 2(4) applies, means the time referred to in sub-paragraph (c) of that paragraph.