The Education (Payment for Special Educational Needs Supplies) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

Section 318(1) of the Education Act 1996 (“the Act”) empowers local education authorities to supply goods and services to the governing bodies of county, voluntary and grant-maintained schools. This is for the purpose of assisting those governing bodies in the performance of their duty under section 317(1)(a) of the Act to use their best endeavours to secure that appropriate special educational provision is made for pupils with special educational needs. Goods and services may also be supplied to the governing bodies of maintained and grant-maintained special schools for the purpose of assisting them in the performance of their duties.

Section 318(2) of the Act empowers local education authorities, in circumstances prescribed by regulations, to include such terms as to payment for such supplies as are prescribed by regulations.

These Regulations prescribe those circmstances and terms. Local education authorities are able to charge the full cost (but no more) where they supply goods or services to the governing body of a school which they do not maintain which is situated in the area of another local education authority.

Section 318 is prospectively amended by paragraph 75(1) and (2) of Schedule 30 to the School Standards and Framework Act 1998 so as to apply on and after 1st September 1999 in relation to community, foundation and voluntary schools and community and foundation special schools. The definition of “school” in these Regulations gives effect to that amendment by including such schools in relation to the period commencing on 1st September 1999.

The Education (Payment for Special Educational Needs Supplies) Regulations 1994 are revoked with savings in relation to the period before 1st April 1999.