OpenLegislation

Section 52 †Recovery of cost of boarding accommodation and of clothing.C3C1

England and Wales

C2(1)

Where a local education authority have, under the powers conferred by the foregoing provisions of this Act, provided a pupil with board and lodging otherwise than at a boarding school . . . F1 . . . F2 the authority shall require the parent to pay to the authority in respect thereof such sums, if any, as in the opinion of the authority he is able without financial hardship to pay:

Provided that—

(a)

where the board and lodging provided for the pupil were so provided under arrangements made by the local education authority on the ground that in their opinion education suitable to his age ability and aptitude F3or special educational needs could not otherwise be provided F4. . . no sum shall be recoverable in respect thereof under this section . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The sums recoverable under this section shall not exceed the cost to the local education authority of providing the board and lodging . . .

(3)

Any sums payable by virtue of this section may be recovered summarily as a civil debt.

Annotations

Textual amendments

F1

Words repealed by Education Reform Act 1988 (c. 40, SIF 41), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II

F2

Words repealed by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 2

F3

Words inserted by Education Act 1981 (c. 60, SIF 41:1), s. 21, Sch. 3 para. 4

F4

Words in s. 52(1) repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 13, Sch. 21 Pt. II; S.I. 1994/507, art. 4(1), Sch. 2Appendix.

Modifications

C1

S. 52 excluded (1.4.1994) by 1993 c. 35, ss. 12(6), 298(8), Sch. 2 Pt.III paras. 4, 13(1)(a) (with Sch. 18 para. 12); S.I. 1994/507, art. 4(1), Sch.2.

C2

S. 52(1) excluded (1.4.1994) by 1993 c. 35, ss. 12(6), 298(8), Sch. 2 Pt. I para. 1(2) (with Sch. 18 para. 12); S.I. 1994/507, art. 4(1), Sch.2.

C3

Unreliable marginal note.

Notes on the whole Act

Textual amendments

F1

Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), Sch. 38 Pt.I.