Education Act 1996

[F1 494 Recoupment: excluded pupils. E+W

(1) Subsection (2) applies where a pupil is permanently excluded from any school maintained by a [F2 local authority] (“the old authority”) and, in the [F3 funding period] in which the exclusion first takes effect, he is subsequently provided with education by another [F2 local 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 [F4 funding period] , such amount, if any, as is payable in accordance with regulations.

(3) Where a pupil is permanently excluded from any school maintained by a [F2 local authority] and, in the [F5 funding period] in which the exclusion first takes effect, the following events subsequently occur—

(a) he is first provided by another [F2 local 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 [F2 local 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 [F2 local 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.]

[F6 (6) In this section “funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.]

Textual Amendments

F1 S. 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.

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F3 Words in s. 494(1) substituted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 5(2) (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)

F4 Words in s. 494(2) substituted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 5(2) (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)

F5 Words in s. 494(3) substituted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 5(2) (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)

F6 S. 494(6) inserted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 5(3) (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)

Modifications etc. (not altering text)

C1 S. 494: transfer of functions (1.4.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 208(2)(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2003/2961, art. 7, Sch. Pt. IV

C2 Ss. 492-495: power to exercise functions modified (1.7.1999) by S.I. 1999/120, art. 5, Sch. 2

C3 S. 494 modified (20.11.1998) by S.I. 1998/2670, art.8.