Education (No. 2) Act 1986

51 Recoupment. E+W

(1) Subject to subsection (2) below, where any provision for primary, secondary or further education is made by a local education authority in respect of a pupil who belongs to the area of another such authority, the providing authority shall, on making a claim within the prescribed period, be entitled to be paid by the other authority—

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

(b) failing agreement, such amount as may be determined in accordance with a direction given by the Secretary of State under this subsection.

(2) Subsection (1) above does not apply to provision for—

(a) primary education made (otherwise than in a hospital) in respect of a pupil who has not attained the age of five years; or

(b) further education made in respect of pupils who do not fall within a prescribed category;

unless it is made with the consent of the authority from whom payment is claimed.

(3) Any direction under subsection (1) above may—

(a) be a general direction applying to all cases to which it is expressed to apply or a direction applying to a particular case;

(b) be designed to provide for the amounts payable by one authority to another to reflect 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

(c) 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) A direction applying to a particular case may be given notwithstanding that a general direction would otherwise apply to that case.

(5) It shall not be a ground for refusing to admit a pupil to or excluding a pupil from, a further education establishment that he does not belong to the area of a local education authority maintaining or assisting that establishment (“a responsible authority”).

(6) Subsection (5) above does not apply—

(a) in relation to pupils who do not fall into a prescribed category; or

(b) to any refusal to admit a pupil to a further education establishment where his admission would cause a pupil belonging to the area of a responsible authority to be refused admission to that establishment.

(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) References in subsections (1) to (6) above to further education do not include references 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.

(9) A local education authority may make a payment to another such authority under subsection (1) above notwithstanding that no claim has been made by the other authority under that subsection.

(10) For the purposes of this section any question whether a pupil 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 this section 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.

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)

Marginal Citations

M1 1980 c. 65.

M2 1963 c. 33.