Part VI School admissions, attendance and charges

Chapter III Charges in connection with education at maintained schools

Prohibition of charges

451Prohibition of charges for provision of education.

(1)

F1... This section applies in relation to education provided at any maintained school for a registered pupil at the school.

(2)

Where the education is provided for the pupil during school hours no charge shall be made in respect of it.

F2(2A)

Regulations may, in relation to England, prescribe circumstances in which subsection (2) does not apply in relation to education which is early years provision (as defined by section 20 of the Childcare Act 2006) other than —

(a)

early years provision provided in pursuance of the duty imposed by section 7 of that Act, F3...

(b)

early years provision for a pupil who is of compulsory school age. F4or

(c)

early years provision provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision).

(3)

F5Subsection (2) does not apply in relation to tuition in playing a musical instrument where the tuition is provided either individually or to a group of not more than four pupils, unless the tuition is—

(a)

required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

(b)

provided in pursuance of a duty imposed by F6or under the Curriculum and Assessment (Wales) Act 2021.

F5Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.

(4)

Where the education is provided for the pupil outside school hours no charge shall be made in respect of it if it is—

(a)

required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

(b)

provided in pursuance of a duty imposed by F7section 88 F8or 109 of the Education Act 2002 or F9section 69 of the School Standards and Framework Act 1998 F10or

(c)

provided in pursuance of the duty imposed by section 7 of the Childcare Act 2006 F11, or

(d)

provided in pursuance of a duty imposed by or under the Curriculum and Assessment (Wales) Act 2021.

F12(5)

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