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Cases in which recoupment is permitted: transitional provision

9.—(1) This regulation applies to the following types of education provided before 1st April 2013, subject to paragraph (2)—

(a)primary education;

(b)secondary education;

(c)part-time education where the child has not attained the age of five years.

(2) This regulation does not apply to education to which regulation 6 applies.

(3) Where provision for any education to which this regulation applies is made by a providing authority in England or Wales in respect of a person who belongs to the area of a home authority in England, the home authority may pay to the providing authority such amount as the authorities may agree.