Statutory Instrument 1994 No. 3251

The Education (Inter-authority Recoupment) Regulations 1994

---

© Crown Copyright 1994

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Education (Inter-authority Recoupment) Regulations 1994, ISBN 0110459806. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1994 No. 3251

EDUCATION, ENGLAND AND WALES

The Education (Inter-authority Recoupment) Regulations 1994

In exercise of the powers conferred upon the Secretary of State by sections 51 and 63(3) of the Education (No.2) Act 1986^[1], the Secretary of State for Education, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations, a draft of which has been laid before Parliament pursuant to section 63(2A)^[2] of that Act and has been approved by resolution of each House of Parliament:—

Citation and commencement
    1.    These Regulations may be cited as the Education (Inter-authority Recoupment) Regulations 1994 and shall come into force on 1st April 1995.

Interpretation
    2.—(1)  In these Regulations—

"authority" means a local education authority;


"child" has the meaning assigned to it in section 156(5) of the Education Act 1993; and


"special school" has the meaning assigned to it in section 182(1) of the Education Act 1993.

    (2)  In these Regulations a reference to a regulation is a reference to a regulation contained therein.

Cases in which recoupment is required
    3.—(1)  This regulation applies to the education of—
 (a) a child for whom a statement of special educational needs is maintained under Part III of the Education Act 1993;
 (b) a person attending a special school; and
 (c) a person who has not attained the age of nineteen years who—
 (i) is a patient in hospital, and
 (ii) receives education in a special school established in a hospital, or education referred to in section 298(1) of the Education Act 1993 otherwise than at school.

    (2)  Where provision for any education to which this regulation applies is made by an authority in respect of a person who belongs to the area of another authority, that authority shall pay to the providing authority—
 (a) such amount as the authorities may agree; or
 (b) failing agreement, such amount as may be determined by the Secretary of State.

Cases in which recoupment is permitted
    4.—(1)  This regulation applies to primary, secondary and further education and part-time education for those who have not attained the age of five years, but it does not apply to education to which regulation 3 applies.

    (2)  Where provision for any education to which this regulation applies is made by an authority in respect of a person who belongs to the area of another authority, that authority may pay to the providing authority such amount as the authorities may agree.

Claims for recoupment
    5.    Claims for recoupment shall—
 (a) be made in writing, and specify the person in respect of whom payment is claimed and the amount claimed, and
 (b) be submitted to the appropriate authority within 12 months from the end of the financial year in which the provision for education to which the claim relates was made.

Gillian Shephard

Secretary of State for Education

5th December 1994

John Redwood

Secretary of State for Wales

15th December 1994

These Regulations are made under section 51 of the Education (No. 2) Act 1986 as amended by section 279 of the Education Act 1993. They introduce a number of changes to the recoupment system.

Recoupment between local education authorities in England and Wales is only compulsory in respect of the costs of providing education for children with statements of special educational needs, persons attending special schools and persons under the age of 19 receiving education in hospital. In all other cases, recoupment is voluntary.

The Regulations also provide that the amount recoupable is to be agreed between authorities. Where there is no agreement in cases where recoupment is compulsory, there is provision for the amount recoupable to be determined by the Secretary of State.

Claims for recoupment are to be in writing and to be submitted within 12 months of the end of the financial year in which the relevant educational provision was made.

[1] 1986 c. 61; section 51 was amended by paragraph 24 of Schedule 8 to the Further and Higher Education Act 1992 (c. 13) and by section 279(1) of, and paragraph 103 of Schedule 19 to, the Education Act 1993 (c. 35), and section 63(3) was amended by paragraph 107(a) of Schedule 19 to the Education Act 1993. back

[2] Section 63(2A) was inserted by section 279(2) of the Education Act 1993. back