Education Act 1980

31 Recoupment between education authorities

(1) Subject to subsection (2) below, where any provision for primary or secondary education is made by a local education authority in respect of a pupil who belongs to the area of another local education authority, the providing authority shall, on making a claim within the prescribed period, be entitled to recoupment of an amount equal to the cost to them of the provision from the other authority and the amount of the recoupment shall be determined by agreement between the authorities or, in default of agreement, by the Secretary of State.

(2) Subsection (1) above does not apply to any provision for primary education made in respect of a pupil who has not attained the age of five years unless it is made with the consent of the authority from whom recoupment is claimed.

(3) Where any provision for further education is made by a local education authority in respect of a pupil who belongs to the area of another local education authority, and that other authority have consented to the making of the provision, the providing authority shall, on making a claim within the prescribed period, be entitled to recoupment of the amount of the cost to them of the provision from the other authority and the amount of the recoupment shall be determined by agreement between the authorities or, in default of agreement, by the Secretary of State.

(4) A local education authority may make a payment by way of recoupment to another such authority of the cost incurred by the other authority in making any provision for primary, secondary or further education in respect of a pupil belonging to the area of the paying authority notwithstanding that no claim in respect of the cost has been made by the other authority in accordance with subsection (1) or (3) above.

(5) The Secretary of State may make regulations requiring or authorising payments of amounts determined by or under the regulations to be made by one authority to another where—

(a) the authority receiving the payment makes, in such cases or circumstances as may be specified in the regulations, provision for education in respect of a pupil having such connection with the area of the paying authority as may be so specified; and

(b) one of the authorities is a local education authority and the other an education authority in Scotland.

(6) 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.

(7) References in subsections (3) and (4) above to further education do not include references to further education of a kind such that expenditure on its provision would fall within paragraph 3 A of Schedule 2 to the [1974 c. 7.] Local Government Act 1974 as amended by section 32 below.

(8) In section 31(8) of the [1963 c. 33.] London Government Act 1963 for the words " section 7(1) of the Education (Miscellaneous Provisions) Act 1953 " there shall be substituted the words " section 31(3) of the Education Act 1980 ".