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Section 457 Charges and remissions policies.C3

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Every governing body of a maintained school and every F1local authority shall determine and keep under review a policy with respect to—

(a)

the provision of, and

(b)

the classes or descriptions of case in which they propose to make charges for,

any optional extra or board and lodging in respect of which charges are permitted by section 455.

F2 . . .

(2)

No such body or authority shall make such a charge unless they have both—

(a)

determined a policy under subsection (1)(b) (their “charging policy”), and

(b)

determined a policy (their “remissions policy”) setting out any circumstances in which they propose to remit (in whole or in part) any charge which would otherwise be payable to them in accordance with their charging policy.

C1(3)

A remissions policy determined by the governing body of a school F3. . . shall set out any circumstances in which the governing body propose to meet (in whole or in part) any charge payable to the local authority, in accordance with the authority’s charging policy, for an optional extra or board and lodging provided for a registered pupil at the school.

C2(4)

A remissions policy shall provide for complete remission of any charges otherwise payable in respect of board and lodging provided for a pupil on a residential trip if—

(a)

the education provided on the trip is education in respect of which, by virtue of section 451, no charge may be made, and

F4(b)

the pupil’s parent is—

(F5ai)

in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph,

(i)

in receipt of income support,

(ii)

in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), or

(F6iia)

in receipt of an income-related employment and support allowance,

(iii)

in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed,

in respect of any period wholly or partly comprised in the time spent on the trip.

(5)

A remissions policy shall be kept under review by the governing body or local authority by whom it was determined.

Annotations

Textual amendments

F1

Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F2

Words in s. 457(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 122(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F3

Words in s. 457(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 122(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F4

S. 457(4)(b) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 200, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5

F5

S. 457(4)(b)(ai) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 38; S.I. 2013/983, art. 3(1)(b)(i)

F6

S. 457(4)(b)(iia) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 16(2); S.I. 2008/787, art. 2(4)(f)

Modifications

C1

S. 457(3) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(1)(a)

C2

S. 457(4) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(2)

C3

Pt. 6 Ch. 3 modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(3)

Notes on Chapter III

Textual amendments

F1

Pt. VI Ch. III heading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 119 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.