Education (No. 2) Act 1986

51 Recoupment. E+W

[F1 (1) The Secretary of State may by regulations provide, in relation to cases where any provision for education to which this section applies is made by a local education authority in respect of a person who belongs to the area of another such authority, for requiring or authorising the other authority to pay to the providing authority—

(a) such amount as the authorities may agree; or

(b) failing agreement, such amount as may be determined by or under the regulations.

(2) This section applies to primary, secondary and further education and to part-time education for those who have not attained the age of five years.

(3) The regulations may provide for the amounts payable by one authority to another—

(a) to reflect the whole or any part of the average costs incurred by local education authorities in the provision of education (whether in England and Wales as a whole or in any particular area or areas); and

(b) to be based on figures for average costs determined by such body or bodies representing local education authorities, or on such other figures relating to costs so incurred, as the Secretary of State considers appropriate.

(4) The regulations may provide for the amounts so payable, in such cases as may be specified in or determined in accordance with the regulations, to be such amounts as may be determined by the Secretary of State.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) References in this section to provision for education include references to provision of any benefits or services for which provision is made by or under the enactments relating to education.

(8) [F3 The reference in subsection (2) above to further education does not include a reference to] further education of a kind such that expenditure on its provision would fall within paragraph 6 of Schedule 10 to the M1 Local Government Planning and Land Act 1980.

F4 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) For the purposes of this section any question whether a [F3 person] belongs, or does not belong, to the area of a particular local education authority shall be decided, as it would for the purposes of the 1980 Act, in accordance with section 38(5) of that Act and the regulations made under that section.

(11) Any dispute between local education authorities as to whether one of them is entitled to be paid any amount by another under [F3 the regulations] shall be determined by the Secretary of State.

(12) Section 31(8) of the M2 London Government Act 1963 (obligations in relation to pupils from outside the area of local education authority) shall cease to have effect.

F5 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 51(1)-(4) substituted (15.6.1994 for certain purposes and otherwise 1.4.1995) by 1993 c. 35, s. 279(1); S.I. 1994/1558, art. 2, 3,Sch.

F2 S. 51(5)(6) repealed (l.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I, para. 24(b), Sch. 9; S.I. 1992/831, art. 2, Sch. 3, Appendix

F3 Words in s. 51(8)(10)(11) substituted (1.4.1995) by 1993 c. 35, s. 307(1), Sch. 19 para. 103(a)(c)(d); S.I. 1994/1558, art. 3, Sch.

F4 S. 51(9) repealed (1.4.1995) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 103(b), Sch. 21 Pt.II; S.I. 1994/1558, art. 3, Sch.Appendix

F5 S. 51(13) repealed (1.4.1995) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 103(e), Sch. 21 Pt.II; S.I. 1994/1558, art. 3, Sch.Appendix

Modifications etc. (not altering text)

C1 Ss. 51, 52 modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 82(4)(5), 231(7), 235(6)

C2 S. 51 modified (1.4.1994) by 1993 c. 35, s. 95(1) (with s. 155(11)); S.I. 1994/507, art. 4, Sch. 2

Marginal Citations

M1 1980 c. 65.

M2 1963 c. 33.