(1)Subject to the following provisions of this section, where any registered pupil at any maintained school is provided at the school with board and lodging [F1there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging].
(2)Where the board and lodging are provided for the pupil—
(a)at a school maintained by a local education authority; and
[F2(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,
then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school]
(3)Where the board and lodging are provided for the pupil—
(a)at a grant-maintained school; and
[F3(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him]
the whole of the charges payable under this section shall be payable by the authority instead of by the pupil’s parent.
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Where [F5the local education authority for the pupil’s area] are satisfied that payment of the full charges payable under this section would involve financial hardship to the parent of the pupil concerned, the authority—
(a)in the case of charges payable to the authority, shall remit so much of those charges as falls in accordance with subsection (6) below to be so remitted; and
(b)in the case of charges payable [F6to another local education authority or] to the governing body of a grant-maintained school in respect of board and lodging F7. . ., shall pay so much of those charges as falls in accordance with that subsection to be so paid.
(6)In the case of any such charges, the amount that falls to be remitted or paid by a local education authority by virtue of subsection (5) (a) or (b) above is—
(a)such part of those charges as the authority consider ought not to be paid by the pupil’s parent in order to avoid such hardship as is mentioned in that subsection; or
(b)if in their opinion such hardship cannot otherwise be avoided, the whole of those charges.
Textual Amendments
F1Words in s. 111 substituted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 129(a); S.I. 1994/507, art. 4(1), Sch.2.
F2S. 111(2)(b) and the words following it substituted (1.4.1994) by 1993 c. 35, ss. 307(1), 308(3), Sch. 19, para. 129(b); S.I. 1994/507, art. 4(1), Sch.2.
F3S. 111(3)(b) substituted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 129(c); S.I. 1994/507, art. 4(1), Sch.2.
F4S. 111(4) repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 129(d), Sch. 21,Pt. II; S.I. 1994/507, art. 4(1), Sch. 2Appendix.
F5Words in s. 111(5) substituted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 129(e)(i); S.I. 1994/507, art. 4(1), Sch.2.
F6Words in s. 111(5)(b) inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 129(e)(ii); S.I. 1994/507, art. 4(1), Sch.2.
F7Words in s. 111(5)(b) repealed (1.4.1994) by 1993 c. 35, s. 307(3), Sch. 21,Pt. II; S.I. 1994/507, art. 4(1), Sch. 2Appendix.
Modifications etc. (not altering text)
C1S. 106-111 modified (1.9.1994) by 1993 c. 35, s. 298, Sch. 18 para. 9(1); S.I. 1994/2038, art. 3(1), Sch.2.
S. 111 excluded (1.4.1994) by 1993 c. 35, s. 12, Sch. 2 Pt. III paras. 4, 13(1)(c) (with s. 298, Sch. 18 para. 12); S.I. 1994/507, art. 4, Sch.2.
C2Ss. 106-111 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.
C3Ss. 106-111 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I
C4S. 111(2)-(6) excluded (1.4.1994) by 1993 c. 35, s. 12, Sch. 2 Pt. I para. 1(2) (with s. 298, Sch. 18 para. 12); S.I. 1994/507, art. 4, Sch. 2.
C5S. 111(2)(b) modified (1.9.1994) by 1993 c. 35, s. 298, Sch. 18 para. 9(2); S.I. 1994/2038, art. 3(1), Sch.2.