PART IVEducation and Youth Employment Service

33Provision for continuance of existing educational grants

1

Where, in the case of any grant made before 1st April 1965 under section 50, 61(2) or 81 of the Education Act 1944, section 6 of the Education (Miscellaneous Provisions) Act 1953 or section 1 or 2 of the Education Act 1962 in respect of a pupil who has not completed his course by that date, the local education authority by whom that grant was made—

a

cease on that date in consequence of this Act to be a local education authority ; or

b

if the authority's area at the date of the making of the grant had been the same as on 1st April 1965, would not have been the appropriate authority to make it,

it shall on and after 1st April 1965 be the duty of the authority specified in subsection (2) of this section to make the remaining payments in pursuance of that grant, subject to the same conditions, if any, as to satisfactory work, financial need or other matters as were attached to the grant or as would be attached to such a grant by the authority specified as aforesaid, whichever are the most favourable.

2

The authority referred to in the foregoing subsection shall be—

a

the local education authority to whose area the pupil would have belonged (or, in the case of an award under section 1 of the Education Act 1962, in whose area he would have been ordinarily resident) at the date immediately before the grant was made if at that date the changes taking place under Parts I and IV of this Act on 1st April 1965 had already taken place; or

b

if there is no local education authority to whose area the pupil would have belonged (or, as the case may be, in whose area he would have been ordinarily resident) as aforesaid, then, without prejudice to any right to recoupment, such local education authority as the Minister of Education may determine ;

and section 6(2) to (4) of the Education (Miscellaneous Provisions) Act 1948 or section 7 (4) and (5) of the Education (Miscellaneous Provisions) Act 1953 (which relate to the determination of the local education authority to whose area any pupil belongs for the purposes of primary or secondary education or, as the case may be, further education) or Schedule 1 to the said Act of 1962 (which relates to the determination of ordinary residence for the purposes of the said section 1), as the case may be, shall apply for the purposes of this subsection as they apply for the purposes of the said Act of 1948, the said section 7 or the said section 1, as the case may be.