(1)Regulations may provide, in relation to cases where any provision for education to which this section applies is made by a local education authority in respect of a person who belongs to the area of another local education authority, for requiring or authorising the other authority to pay to the providing authority—
(a)such amount as the authorities may agree, or
(b)failing agreement, such amount as may be determined by or under the regulations.
(2)This section applies to primary education, secondary education and further education and to part-time education for those who have not attained [F1compulsory school age].
(3)The regulations may provide for the amounts payable by one authority to another—
(a)to reflect the whole or any part of the 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
(b)to 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)The regulations may provide for the amounts so payable, in such cases as may be specified in or determined in accordance with the regulations, to be such amounts as may be determined by the Secretary of State.
(5)Any dispute between local education authorities as to whether one of them is entitled to be paid any amount by another under the regulations shall be determined by the Secretary of State.
(6)In this section—
(a)references to provision for education include provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education; and
(b)“further education” does not include further education of a kind such that expenditure on its provision would fall within paragraph 6 of Schedule 10 to the M1Local Government, Planning and Land Act 1980.
Textual Amendments
F1Words in s. 492(2) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para.36; S.I. 1998/386, art. 2(3), Sch. 1 Pt.III.
Modifications etc. (not altering text)
C1Ss. 492-495: power to exercise functions modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2
Marginal Citations
(1)Regulations may make provision 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 person 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.
(2)Subsections (3) and (4) of section 492 shall apply for the purposes of this section as they apply for the purposes of that section.
(3)Any question concerning the connection of any person with the area of a particular local education authority or education authority shall be decided in accordance with the regulations.
(4)In subsection (1) “provision for education” includes provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.
Modifications etc. (not altering text)
C2Ss. 492-495: power to exercise functions modified (1.7.1999) by S.I. 1999/120, art. 5, Sch. 2
(1)Subsection (2) applies where a pupil is permanently excluded from any school maintained by a local education authority (“the old authority”) and, in the financial year in which the exclusion first takes effect, he is subsequently provided with education by another local education authority (“the new authority”), whether at a school maintained by that authority or otherwise than at school.
(2)The old authority shall pay to the new authority, in connection with the provision of education for that pupil in that financial year, such amount, if any, as is payable in accordance with regulations.
(3)Where a pupil is permanently excluded from any school maintained by a local education authority and, in the financial year in which the exclusion first takes effect, the following events subsequently occur—
(a)he is first provided by another local education authority (“the intermediate authority”) with education in a pupil referral unit or otherwise than at school, and
(b)at any time afterwards he is provided with education by a local education authority other than the intermediate authority (“the last authority”), whether at a school maintained by that authority or otherwise than at school,
then, in connection with the provision of the education mentioned in paragraph (b), subsection (2) shall apply to the intermediate authority and the last authority as if they were an old authority and a new authority respectively.
(4)Any dispute as to whether any local education authority are entitled to be paid any amount under this section by any other such authority shall be determined by the Secretary of State.
(5)Regulations may prescribe the time when the permanent exclusion of a pupil is to be regarded as taking effect for the purposes of this section.]
Textual Amendments
F2S. 494 substituted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.128 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(4), Sch.1 Pt. IV.
Modifications etc. (not altering text)
C3Ss. 492-495: power to exercise functions modified (1.7.1999) by S.I. 1999/120, art. 5, Sch. 2
C4S. 494 modified (20.11.1998) by S.I. 1998/2670, art.8.
C5S. 494: functions transferred (prosp.) by Education Act 2002 (c. 32), ss. 208(2)(3), 216(4)