s 116 Saving as to persons of unsound mind and persons detained by order of a court.
No power or duty conferred or imposed by this Act or by or under the Education Act 1993 on the Secretary of State for Education and Science , on local education authorities, or on parents, shall be construed as relating . . . to any person who is detained in pursuance of an order made by any court or of an order of recall made by the Prison Commissioners, but a local education authority shall have power to make arrangements for a person who is detained in pursuance of an order made by a court, or of such an order of recall, to receive the benefit of educational facilities provided by the authority. Where a child or young person is being educated as a boarder at a school, the fact that he is required to be at the school by virtue of an order made by a court under the Children and Young Persons Act 1969 or by virtue of anything done under such an order, or by virtue of a requirement of a probation order or by virtue of anything done under such a requirement, shall not render him a person detained in pursuance of an order made by a court within the meaning of those words in this section.