Regulation 3 Cases in which recoupment is required

(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.