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Education (Additional Support for Learning) (Scotland) Act (asp 7) which received Royal Assent on 25 June 2009

Section 4: Contributions not recoverable in respect of certain services

29.Section 23 of the Education (Scotland) Act 1980 (c.44) (“the 1980 Act”) provides that where a child or young person is being educated outwith the authority in which he or she lives, the education authority for the area in which the child or young person is being educated (the host authority) may recover from the home authority contributions in respect of provision of the child’s or young person’s school education and/or other services, including additional support under the 2004 Act.

30.Section 4 of the Act amends section 23 of the 1980 Act to prevent the “host” authority from recovering the cost of providing any mediation or dispute resolution services under the 2004 Act for pupils being educated in their area as a result of a successful out of area placing request.

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