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Part VIE+W School admissions, attendance and charges

F1 [Chapter IIIE+W Charges in connection with education at maintained schools]

Textual Amendments

F1Crossheading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.119 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Modifications etc. (not altering text)

Prohibition of chargesE+W

451 Prohibition of charges for provision of education.E+W

(1)F2. . ., this section applies in relation to education provided at any maintained school for a registered pupil at the school.

(2)Where the education is provided for the pupil during school hours no charge shall be made in respect of it.

[F3(2A)Regulations may, in relation to England, prescribe circumstances in which subsection (2) does not apply in relation to education which is early years provision (as defined by section 20 of the Childcare Act 2006) other than —

(a)early years provision provided in pursuance of the duty imposed by section 7 of that Act, F4...

(b)early years provision for a pupil who is of compulsory school age.] [F5or

(c)early years provision provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision).]

(3)[F6Subsection (2) does not apply in relation to tuition in playing a musical instrument where the tuition is provided either individually or to a group of not more than four pupils, unless the tuition is—

(a)required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

(b)provided in pursuance of a duty imposed by [F7section 88 or 109 of the Education Act 2002 (implementation of National Curriculum for England or National Curriculum for Wales)] or section 69 of the School Standards and Framework Act 1998 (duty to secure due provision of religious education).]

[F6Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.]

(4)Where the education is provided for the pupil outside school hours no charge shall be made in respect of it if it is—

(a)required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

(b)provided in pursuance of a duty imposed by [F8section 88 or 109 of the Education Act 2002] or [F9section 69 of the School Standards and Framework Act 1998] [F10or

(c)provided in pursuance of the duty imposed by section 7 of the Childcare Act 2006.]

F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Words in s. 451(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 120(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F6S. 451(3) substituted (25.5.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 56(1), 188(3); S.I. 2007/935, art. 6(b) (with transitional provisions and savings in S.I. 2007/1271, art. 5)

F7Words in s. 451(3)(b) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 48(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F8Words in s. 451(4)(b) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 48(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F9Words in s. 451(4)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 120(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F10S. 451(4)(c) and word inserted (1.10.2007) by Childcare Act 2006 (c. 21), ss. 17(3), 109(2); S.I. 2007/2717, art. 2(a)

Modifications etc. (not altering text)