Explanatory note
As made
(This note is not part of the regulations)
The regulations specify the circumstances in which school pupils and further education students are to be treated as belonging to the area of a particular local education authority for the purposes, principally, of section 51 of the Education (No 2) Act 1986 (recoupment). In addition by virtue of paragraph 1 of Schedule 2 to the Education Act 1962 a person who, if he were a further education student, would under these Regulations be treated as belonging to the area of an authority, will be treated as belonging to the area of that authority for the purposes of determining responsibility for providing awards under the Education Act 1962.
These Regulations revoke the Education (Areas to which Pupils and Students Belong) Regulations 1989 and the Education (Areas to which Pupils and Students Belong) (Amendment) Regulations 1990 and re-enact the provisions with modifications. Apart from drafting amendments the main changes are:—
the special provisions for part-time further education students are not re-enacted;
a new definition of the person responsible for a school pupil is introduced (regulation 2(3);
the special provisions for boarding school pupils only apply to school pupils for whom a statement of special educational needs is maintained (regulation 4);
new provision is made for the case where the parents of a school pupil with a statement of special educational needs or at a special school are out of the country but the pupil is in the care of someone (regulation 5(5)(b));
new provisions are made for a child who is looked after by a local authority (regulation 7);
the special provisions for further education students educated in hospitals and for school pupils and further education students in refugee camps are not re-enacted.