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Part VIIIE+W+S Grants and other financial matters

RecoupmentE+W+S

493 Recoupment: cross-border provisions.E+W+S

(1)Regulations may make provision requiring or authorising payments of amounts determined by or under the regulations to be made by one authority to another where—

(a)the authority receiving the payment makes, in such cases or circumstances as may be specified in the regulations, provision for education in respect of a person having such connection with the area of the paying authority as may be so specified, and

(b)one of the authorities is a local education authority and the other an education authority in Scotland.

[F1(2)Subsection (3) of section 207 of the Education Act 2002 (recoupment: adjustment between local education authorities) shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the reference to the National Assembly for Wales.

(2A)The regulations may provide for the amounts payable by one authority to another, in such cases as may be specified by or under the regulations, to be such amounts as may be determined by the Secretary of State.]

(3)Any question concerning the connection of any person with the area of a particular local education authority or education authority shall be decided in accordance with the regulations.

(4)In subsection (1) “provision for education” includes provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.

Textual Amendments

F1S. 493(2)(2A) substituted for s. 493(2) (1.4.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), ss. 208(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2003/2961, art. 7, Sch. Pt. IV

Modifications etc. (not altering text)

C1Ss. 492-495: power to exercise functions modified (1.7.1999) by S.I. 1999/120, art. 5, Sch. 2