Explanatory note

These Regulations make consequential amendments to the Education (Payment for Special Educational Needs Supplies) Regulations 1994 (“the 1994 Regulations”) to take into account the repeal, in so far as they apply to local education authorities in England, of the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1994 (S.I. 1994/323) and their replacement to that extent by the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1995 (S.I. 1995/208).

In particular a new regulation 2(2)(a)(iii) of the 1994 Regulations is inserted. In relation to a local education authority in England, the new provision describes an amount for meeting the cost of supplies under section 162(1) of the Education Act 1993 included in Part 1 of the authority’s budget statement by reference to the planned expenditure in respect of which it is so included rather than by reference to the Regulations in accordance with which it is so included.

Regulation 2(2)(b) of the 1994 Regulations is amended so as to replace references to the provisions of the Education Act 1981, which have been repealed (with savings), by references to the relevant provisions in the Education Act 1993. The pupils in question will have no statements maintained under section 168 of the Education Act 1993 and their educational needs will not be assessed under section 167 of that Act rather than under provisions of the Education Act 1981.