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Part VIE+W School admissions, attendance and charges

[F1Chapter 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.

Permitted chargesE+W

457 Charges and remissions policies.E+W

(1)Every governing body of a maintained school and every local education authority shall determine and keep under review a policy with respect to—

(a)the provision of, and

(b)the classes or descriptions of case in which they propose to make charges for,

any optional extra or board and lodging in respect of which charges are permitted by section 455.

F2 . . .

(2)No such body or authority shall make such a charge unless they have both—

(a)determined a policy under subsection (1)(b) (their “charging policy”), and

(b)determined a policy (their “remissions policy”) setting out any circumstances in which they propose to remit (in whole or in part) any charge which would otherwise be payable to them in accordance with their charging policy.

(3)A remissions policy determined by the governing body of a school F3. . . shall set out any circumstances in which the governing body propose to meet (in whole or in part) any charge payable to the local education authority, in accordance with the authority’s charging policy, for an optional extra or board and lodging provided for a registered pupil at the school.

(4)A remissions policy shall provide for complete remission of any charges otherwise payable in respect of board and lodging provided for a pupil on a residential trip if—

(a)the education provided on the trip is education in respect of which, by virtue of section 451, no charge may be made, and

[F4(b)the pupil’s parent is—

(i)in receipt of income support,

(ii)in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), or

[F5(iia)in receipt of an income-related employment and support allowance,]

(iii)in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed,

in respect of any period wholly or partly comprised in the time spent on the trip.]

(5)A remissions policy shall be kept under review by the governing body or local education authority by whom it was determined.

Textual Amendments

F2Words in s. 457(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 122(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F3Words in s. 457(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 122(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F4S. 457(4)(b) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 200, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5