Part I

Provision of Education by Education Authorities

Co-operation between education authorities and others

Provision by education authority for education of pupils belonging to areas of other authorities.
23
1
An education authority shall have power to provide in or in connection with any public school, . . . or other educational establishment under their management, school education or further education and other services under this Act or additional support within the meaning of the Education (Additional Support for Learning)
(Scotland) Act 2004 (asp 4)
(referred to in this section as “the 2004 Act”) for any pupil belonging to the area of some other education authority or of a local authority (as defined in section 579(1) of the Education Act 1996) in England and Wales.
1A
Without prejudice to any other provision of this Act
or any provision of the 2004 Act
or their functions under sections 4 and 5 of the 2004 Act
, for the purposes of their duty under section 1 of this Act an education authority shall have power to make arrangements with another education authority (in this subsection referred to as a “
provider authority
”) for the provision of school education or further education
or additional support within the meaning of the 2004 Act
for any pupils belonging to the area of the authority in a school or educational establishment under the management of the provider authority.
1B
Arrangements made under this Act
or the 2004 Act
by an education authority for the placing of children in schools may include provision to give effect to any arrangements made under subsection (1A) above.
1C
Where the arrangements for the placing of children in schools subsisting before the establishment of new local government areas under Part I of the Local Government
etc.
(Scotland) Act 1994 lead, as a consequence of such establishment, to school education for pupils belonging to the area of one education authority being provided at schools or educational establishments under the management of another education authority, nothing in this Act shall prevent such arrangements from continuing until they are changed by an education authority in accordance with this Act.
2
Where an education authority . . . have provided school education with or without other services for any pupil belonging to the area of some other authority or have provided additional support within the meaning of the 2004 Act for any such pupil,, the education authority . . . , may, if a claim therefor is made within the prescribed period, recover from that other authority such contributions in respect of such provision as may be agreed by the authorities concerned . . . or, in default of such agreement, as may be determined by the Secretary of State, who shall have regard to the estimated cost of such provision:
. . .
2A
Subsection (2) does not permit an education authority to recover contributions in respect of—
a
mediation services provided under arrangements made in pursuance of section 15(1) of the 2004 Act (mediation services), or
b
services provided by the authority forming part of any procedure provided for in regulations under section 16(1) of that Act (dispute resolution).
3
The Secretary of State may make regulations prescribing the areas to which particular classes of pupils receiving school education are to be deemed to belong for the purposes of this section and sections ..., 50, and 51 of this Act and for the purposes of the 2004 Act and any such pupil to whom the regulations apply shall be deemed to belong to the area determined in accordance with the regulations. Any other pupil receiving school education shall, for the aforesaid purposes, be deemed to belong to the area in which his parent is ordinarily resident, and any pupil receiving further education shall be deemed to belong to the area in which he himself is ordinarily resident:
Provided that any pupil who becomes ordinarily resident in any area wholly or mainly for the purposes of attending an educational establishment providing further education shall be deemed to belong not to that area but to any area to which he was deemed to belong immediately before he became so resident.
3A
Where an education authority’s arrangements for the placing of children in schools under their management give any priority to siblings of pupils attending such schools, those arrangements shall not discriminate between siblings belonging to the area of that education authority and siblings belonging to the area of another education authority.
4
Where on 1st January 1947 or at any subsequent date it was or is the practice of an education authority or of the managers of a school situated in the area of that authority to provide school education for pupils belonging to the area of another education authority, then whether contributions have been recovered under section 24(2) of the Act of 1946, section 24(2) of the Act of 1962 or this section or not, they shall not be entitled to discontinue such practice except after giving such notice as the Secretary of State may, in the event of a dispute, consider reasonable.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 23 amended by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 29(1)
Words repealed by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11
Words inserted by Education (Scotland) Act 1981 (c. 58), Sch. 7 para. 5
S. 23(1A)-(1C) inserted (1.4.1996) by 1994 c. 39, s. 32(2) (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1.
Words repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9
Proviso repealed by Education (Scotland) Act 1981 (c. 58), Sch. 9
Words inserted by Education (Scotland) Act 1981 (c. 58), Sch. 7 para. 6
S. 23(3A) inserted (1.4.1996) by 1994 c. 39, s. 32(3) (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1.
S. 23(5)–(7) repealed by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I
Words in s. 23(1) inserted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(4)(a); S.S.I. 2005/564, art. 2
Words in s. 23(1A) inserted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(4)(b)(i); S.S.I. 2005/564, art. 2
Words in s. 23(1A) inserted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(4)(b)(ii); S.S.I. 2005/564, art. 2
Words in s. 23(1A) inserted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(4)(b)(iii); S.S.I. 2005/564, art. 2
Words in s. 23(1B) inserted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(4)(c); S.S.I. 2005/564, art. 2
Words in s. 23(2) inserted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(4)(d); S.S.I. 2005/564, art. 2
Words in s. 23(3) repealed (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(4)(e)(i); S.S.I. 2005/564, art. 2
Words in s. 23(3) substituted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(4)(e)(ii); S.S.I. 2005/564, art. 2
Words in s. 23(3) inserted (14.11.2005) by Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), s. 35(1), sch. 3 para. 3(4)(e)(iii); S.S.I. 2005/564, art. 2
Words in s. 23(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 31(2)
S. 23(2A) inserted (14.11.2010) by Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7), ss. 4, 26(3); S.S.I. 2010/277, art. 2