Education Act 1980

17 Assisted places at independent schools. E+W

(1) For the purpose of enabling pupils who might otherwise not be able to do so to benefit from education at independent schools, the Secretary of State shall establish and operate a scheme whereby—

(a) participating schools remit fees that would otherwise be chargeable in respect of pupils selected for assisted places under the scheme; and

(b) the Secretary of State reimburses the schools for the fees that are remitted.

(2) In this section references to a participating school are references to any independent school providing secondary education with which the Secretary of State makes an agreement (a “participation agreement”) for the purposes of the scheme; and in determining whether to make a participation agreement with any school the Secretary of State shall have regard to the desirability of securing an equitable distribution of assisted places throughout England and Wales and between boys and girls.

(3) The fees in relation to which the scheme is to have effect shall be—

(a) tuition and other fees the payment of which is a condition of attendance at a participating school but excluding boarding fees and such other fees, if any, as may be excluded by the participation agreement; and

(b) entrance fees for public examinations paid by a participating school in respect of candidates from the school.

(4) A participation agreement shall contain provisions with respect to the number of assisted places to be available at the school and may contain conditions to be complied with by the school in addition to those prescribed under subsection (6) below.

(5) Schedule 4 to this Act shall have effect with respect to the termination of participation agreements.

(6) The Secretary of State shall be regulations prescribe—

(a) the requirements as to age, residence or otherwise which are to be the conditions of eligibility for selection for an assisted place;

(b) the conditions subject to which, the extent to which, and the arrangements in accordance with which, fees are to be remitted by participating schools;

(c) the time and manner in which participating schools are to claim and receive reimbursements from the Secretary of State;

(d) conditions to be complied with by participating schools with respect to the selection of pupils for assisted places, the admission of pupils, the fees to be charged, the keeping and auditing of accounts and the furnishing of information to the Secretary of State; and

(e) such other matters as appear to him to be requisite for the purposes of the scheme.

(7) Regulations under subsection (6) above may authorise the Secretary of State to make provision for any purpose specified in the regulations.

(8) Before making regulations under subsection (6) above the Secretary of State shall consult such bodies as appear to him to be appropriate and to be representative of participating schools or, in the case of regulations made within twelve months of the coming into force of this section, of schools eligible to participate in the scheme.

(9) Regulations made under subsection (6)(b) above shall be reviewed by the Secretary of State in consultation with such bodies as appear to him to be appropriate and to be representative of participating schools—

(a) not later than two years after the date on which the first such regulations are made; and

(b) thereafter at intervals not exceeding two years.

(10) Except where the context otherwise requires, references in this section and section 18 below to a school include references to the proprietors of the school and persons acting with their authority; and references in this section to an independent school are references to an independent school that is finally registered and conducted for charitable purposes only.

Subordinate Legislation Made

P1 S. 17(6): 17(6) (with s. 35(4)) power exercised by S.I.1991/1767.