Explanatory note

Section 494 of the Education Act 1996, as substituted on 1st April 1999 by paragraph 128 of Schedule 30 to the School Standards and Framework Act 1998, provides for amounts to be transferred where a pupil who has been permanently excluded from a school maintained by one local education authority receives education in a school maintained by another local education authority or pursuant to another local education authority’s duty to provide education otherwise than at school. These Regulations prescribe for the purposes of section 494(2) and (3) of that Act, as substituted, the method of determining the amount of the payments that are to be made following such an exclusion.

Section 494 has been modified by S.I. 1998/2670 so that in relation to the period commencing on 1st April 1999 and ending immediately before 1st September 1999 it applies to grant-maintained and grant-maintained special schools and references in these Regulations to schools maintained by a local education authority include references to such schools during that period.

The Education (Amount to Follow Permanently Excluded Pupil) Regulations 1997 are revoked with savings in relation to financial years ending on or before 31st March 1999. Unlike those Regulations (and section 494 before it is substituted) these Regulations (and section 494 as substituted) do not deal with transfers of amounts between schools but only with transfers between local education authorities.