The Education (Areas to which Pupils and Students Belong) Regulations 1989

Explanatory Note

This note is not part of the Regulation)

These Regulations specify the circumstances in which school pupils and further education students are to be treated as belonging to particular areas for the purposes of certain provisions of the Education Acts. They supersede, as from 1st April 1990, the Education (Areas to which Pupils belong) Regulations 1980, as amended, which are revoked by regulation 3.

The provisions to which the Regulations relate are—

(a) section 8(3)(d) of the Education Act 1980, which provides for the publication of school admission arrangements in respect of pupils not belonging to the area of the local education authority maintaining the schools; and

(b) section 51 of the Education (No. 2) Act 1986, which provides for recoupment between local education authorities in respect of provision for primary, secondary or further education made by one authority in respect of pupils belonging to the area of another.

The main change from the 1980 Regulations is that all school pupils and further education students are to be treated as belonging to the area of a local education authority: there will no longer be any “no area pupils”. Regulation 4 lays down a general principle which applies in all cases other than those for which special provision is made in regulations 5 to 9 (school pupils), 10 to 13 (further education students) and 14 and 15 (pupils and students). As previously, these cases relate to boarding school pupils and pupils boarded out (regulations 5 to 7), school pupils and further education students in hospital (regulations 8 and 13), school pupils whose parents are resident outside England and Wales (regulation 9), further education students who move to become ordinarily resident in a particular area for educational purposes, or who change their ordinary residence (regulations 10 and 11) or who are in receipt of certain awards (regulation 12), and pupils and students in local authority care or who reside in accommodation provided for refugees or displaced persons (regulations 14 and 15).

Regulation 16 prescribes the period within which a local education authority must make a claim in respect of the cost of providing education for a pupil belonging to the area of another such authority if they are to be entitled to recoup that cost.