Education Reform Act 1988

110 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 the provision of, and 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 109 of this Act, other than education provided at a grant-maintained school in pursuance of arrangements made under section 57(5) of this Act.

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

(a) determined a policy under subsection (1) above with respect to the making of such charges (their “charging policy "); and

(b) determined a policy (their “remissions policy ")—

(i) 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; and

(ii) in the case of such a policy determined by the governing body of any school other than a grant-maintained school, setting out also 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 any optional extra or board and lodging provided for a registered pupil at the school.

(3) Any remissions policy determined by the governing body of a maintained school or by a local education authority 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 106 no charge may be made; and

(b) his parents are in receipt of income support [F1 , family credit or disability working allowance] in respect of any period wholly or partly comprised in the time spent on the trip.

(4) Any such body or authority shall keep under review any remissions policy determined by them under this section.

(5) In this section “optional extra ” has the same meaning as in section 109 of this Act.

Textual Amendments

F1 Words in s. 110 substituted (the substitution coming into force 19.11.1991 for the purposes referred to in art. 2(b) of S.I. 1991/2617; 10.3.1991 for the purposes referred to in art. 2(e) of that S.I. and 6.4.1992 for all other purposes) by Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21, SIF 113:1), s. 7, Sch. 3, Pt. II, para.12; S.I. 1991/2617, art. 2(b)(e)(f), Sch.

Modifications etc. (not altering text)

C1 S. 110 modified (prosp.) by 1993 c. 35, ss. 298, 308(3), Sch. 18, para.9(1)