Education Act 1996

479 The assisted places scheme

(1) For the purpose of enabling pupils who might otherwise not be able to do so to benefit from education at independent schools, the Secretary of State shall continue to operate a scheme (referred to in this Part as “the assisted places scheme”) whereby—

(a) participating schools remit fees that would otherwise be chargeable in respect of pupils selected for assisted places under the scheme, and

(b) the Secretary of State reimburses the schools for the fees that are remitted.

(2) In this Part “participating school” means an independent school providing secondary education with which the Secretary of State makes an agreement (referred to in this Part as a “participation agreement”) for the purposes of the assisted places scheme.

(3) The fees in relation to which the assisted places scheme has effect are—

(a) tuition and other fees the payment of which is a condition of attendance at a participating school but excluding boarding fees and such other fees, if any, as may be excluded by the participation agreement, and

(b) entrance fees for public examinations paid by a participating school in respect of candidates from the school.

(4) In determining whether to make a participation agreement with any school, the Secretary of State shall have regard to the desirability of securing an equitable distribution of assisted places throughout England and Wales and between boys and girls.

(5) A participation agreement—

(a) shall contain provisions as to the number of assisted places to be available at the school, and

(b) may contain conditions to be complied with by the school in addition to those prescribed under section 480;

and Schedule 35 has effect with respect to the termination of a participation agreement.

(6) In this section “independent school” means a registered school that is conducted for charitable purposes only.

(7) Except where the context otherwise requires, references in this section and sections 480 and 481 to a school include the proprietors of the school and persons acting with their authority.