The Local Education Authority (Post-Compulsory Education Awards) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which are made under section 518(1)(b) and (2) of the Education Act 1996 (as substituted by section 129 of the School Standards and Framework Act 1998), confer power on a local education authority (LEA) to make a post-compulsory education award, that is to say a scholarship, exhibition, bursary or other award granted in respect of “an eligible person”, that is, a person over compulsory school age.

Such an award may be granted for the purpose of enabling an eligible person to take advantage of certain educational facilities available to him, namely secondary education provided at a school, or a course of further or higher education—other than a course beginning before 1st September 1999 or one in respect of which he is eligible for financial support under section 22 of the Teaching and Higher Education Act 1998 (regulation 2).

The power to grant an award does not apply in a financial year in relation to which an LEA have determined that it should not do so; and where an LEA have determined that the power should apply in a financial year only in the cases of eligible persons who satisfy particular criteria, the authority have no power to make awards to persons who do not satisfy those criteria (regulation 3).

Every LEA are required to determine in relation to each financial year whether the power to make post-compulsory education awards is to apply to them in that year, and if so, the extent to which it will apply. They will have to make the determination in the period of 12 months ending with the start of that year. After making a determination they must take reasonable steps to bring it to the attention of those persons it is likely to affect. A determination made in relation to any financial year cannot affect the obligation of the LEA to make payments under awards granted before the determination takes effect (regulation 4).

The Education (Fees and Awards) Regulations 1997 are amended to enable LEAs to adopt rules of eligibility for grants of post-compulsory education awards which confine eligibility for such awards to persons to have the connection with the United Kingdom specified in the Schedule to those Regulations (regulation 5).

Provision is also made for the revocation, with savings, of regulation 4(e) of the Scholarships and Other Benefits Regulations 1977 (regulation 6).