School Standards and Framework Act 1998

Financial assistance to non-maintained schools

128 Financial assistance to non-maintained schools

(1) For section 18 of the [1996 c. 56.] Education Act 1996 there shall be substituted—

“18 Financial assistance to non-maintained schools

(1) Subject to subsection (2), a local education authority may—

(a) assist any primary or secondary non-maintained school (whether inside or outside their area);

(b) make arrangements for pupils to be provided with primary or secondary education at such schools.

(2) Except in accordance with regulations, a local education authority may not under subsection (1) make any grant or other payment (whether to the proprietor of a school or otherwise) in respect of—

(a) fees or expenses (of whatever nature) which are payable in connection with the attendance of a pupil at a school, or

(b) such other matters as may be prescribed.

(3) Regulations made for the purposes of subsection (2)(a) may provide that, in such circumstances as may be specified in or determined in accordance with the regulations, a local education authority—

(a) shall exercise their power under subsection (1)(b) in relation to a pupil at a non-maintained school so as to pay the whole of—

(i) the fees payable in respect of the education provided for the pupil, and

(ii) if board and lodging are provided for him at the school, the fees payable in respect of the board and lodging, and

(iii) any expenses of a prescribed description which are payable in connection with his attendance at the school; or

(b) may exercise that power in relation to such a pupil so as to pay the whole or part of any fees or expenses falling within all or any of sub-paragraphs (i) to (iii) of paragraph (a) above.

(4) In this section references to non-maintained schools are references to schools which are not maintained by any local education authority.”

(2) In consequence of subsection (1), section 16(1)(c) of the [1996 c. 56.] Education Act 1996 (power of local education authority to assist primary or secondary school not maintained by the authority) shall cease to have effect.

129 Payment of school expenses; grant of scholarships, etc

For section 518 of the [1996 c. 56.] Education Act 1996 there shall be substituted—

“518 Payment of school expenses; grant of scholarships, etc

(1) A local education authority, for the purpose of enabling persons to take advantage of any educational facilities available to them, may in such circumstances as may be specified in or determined in accordance with regulations—

(a) pay such expenses of children attending community, foundation, voluntary or special schools as may be necessary to enable them to take part in any school activities,

(b) grant scholarships, exhibitions, bursaries and other allowances in respect of persons over compulsory school age.

(2) Regulations may make provision—

(a) for requiring a local education authority to make, in relation to each financial year, a determination relating to the extent to which they propose to exercise their power under subsection (1)(b) in that year; and

(b) for authorising an authority to determine not to exercise that power in a financial year—

(i) generally,

(ii) in such cases as may be prescribed, or

(iii) in such cases as may be determined by the authority.”

130 Transfer of assisted places

(1) In section 3(2) of the [1997 c. 59.] Education (Schools) Act 1997 (regulations for purposes of transitional arrangements), after paragraph (f) there shall be added—

“(g) provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has at any time held) an assisted place provided by a school under section 2(1), to authorise another school which is either—

(i) a former participating school, or

(ii) a new school authorised to provide assisted places by virtue of paragraph (f) above,

to provide for the pupil under section 2(1) the assisted place which the first-mentioned school was authorised to provide.”

(2) In section 75A(9A) of the [1980 c. 44.] Education (Scotland) Act 1980 (regulations in connection with assisted places)—

(a) the word “and” immediately preceding paragraph (b) shall be omitted; and

(b) after that paragraph there shall be inserted “; and

(c) provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has, at any time since the beginning of the first term of the 1997-98 school year, held) an assisted place at a school under a scheme operated by virtue of subsection (1) above, to authorise another school which is, or is treated as, a participating school to provide for the pupil under such a scheme the assisted place which the first-mentioned school was authorised to provide.”