Education Act 1962

SCHEDULES

Section 1.

FIRST SCHEDULE Ordinary Residence

1 The provisions of this Schedule shall have effect for the purposes of section one of this Act.

2 Subject to the following provisions of this Schedule, a person shall be treated for those purposes as ordinarily resident in the area of a local education authority if he would fall to be treated as belonging to that area for the purposes of section seven of the Education (Miscellaneous Provisions) Act, 1953 (which provides for recouping to a local education authority the cost of providing further education for persons not belonging to their area); and the provisions of subsection (4) of the said section seven and any regulations made for the purposes of that section, and any determination of the Minister under subsection (5) thereof, shall have effect accordingly.

3 (1) Regulations made under this Act may modify the operation of the last preceding paragraph in relation to cases where a person applies for an award under section one of this Act in respect of a course, and, at any time within the period of twelve months ending with the date on which that course is due to begin, a change occurs or has occurred in the circumstances by reference to which (apart from this paragraph) his place of ordinary residence would fall to be determined.

(2) Subsections (1) to (3) of section four of this Act shall have effect in relation to this paragraph as they have effect in relation to section one of this Act.

4 (1) Where in accordance with the provisions mentioned in paragraph 2 of this Schedule (including any determination of the Minister under those provisions) a person would fall to be treated for the purposes of section one of this Act as not being ordinarily resident in any area, the Minister may direct that he shall be treated for those purposes as being ordinarily resident in the area of such local education authority as may be specified in the direction.

(2) In the exercise of the power to give a direction in respect of any person under this paragraph, the Minister shall have regard to the nature and extent of that person's association with the area in question and to any other material considerations.

Section 13.

SECOND SCHEDULE Enactments Repealed

Session and Chapter	Short Title	Extent of Repeal
7 & 8 Geo. 6. c. 31.	The Education Act, 1944.	In section one hundred, in paragraph (c) of subsection (1), the words from " and of sums by way of scholarships " to the end of the subsection.
9 & 10 Geo. 6. c. 50.	The Education Act, 1946.	In section eight- subsections (1) and (2).

Table of Statutes referred to in this Act

Short Title	Session and Chapter
Education Act, 1944	7 & 8 Geo. 6. c. 31.
Education Act, 1946	9 & 10 Geo. 6. c. 50.
Education (Scotland) Act, 1946	9 & 10 Geo. 6. c. 72.
Education (Miscellaneous Provisions) Act, 1953	1 & 2 Eliz. 2. c. 33.
Local Government Act, 1958	6 & 7 Eliz. 2. c. 55.
Local Government Miscellaneous Financial Provisions (Scotland) Act, 1958	6 & 7 Eliz. 2. c. 64.