{
  "url": "https://openlegislation.uk/education-payment-for-special-educational-needs-supplies-regulations-1994/note",
  "json_url": "https://openlegislation.uk/education-payment-for-special-educational-needs-supplies-regulations-1994/note.json",
  "legislation": "uksi/1994/650",
  "legislation_title": "The Education (Payment for Special Educational Needs Supplies) Regulations 1994",
  "legislation_url": "https://openlegislation.uk/education-payment-for-special-educational-needs-supplies-regulations-1994",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nSection 162(1) of the Education Act 1993 empowers local education authorities to supply goods and services to the governing bodies of grant-maintained and grant-maintained special schools and to the governing bodies of county, voluntary and maintained special schools in the areas of other authorities for the purposes of assisting those governing bodies in the performance of their duty under section 161(1)(a) of the Act to use their best endeavours to secure that appropriate special educational provision is made for pupils with special educational needs. Section 162(2) of the Act empowers local education authorities, in circumstances prescribed by regulations, to impose such terms as to payment for such supplies as are prescribed in regulations.\nThese Regulations, which are made under section 162(2), prescribe these circumstances and terms. Local education authorities are able to charge the full cost (but no more) of the supply and may do so where they supply the governing body of a county, voluntary or maintained special school in the area of another local education authority or the governing body of a grant-maintained or grant-maintained special school whose maintenance grant includes an amount for meeting the costs of such supplies (regulation 2(1)).\nAn amount for this purpose is to be taken to be included in the maintenance grant of such a school where—\n(a) the grant is determined by reference to a local education authority’s scheme of local management made under section 33 of the Education Reform Act 1988 and either such an amount is included in individual school budget shares or is retained by the local education authority and is for services other than those provided by educational psychologists or for pupils with statements of special educational needs or whose educational needs are being assessed by a local education authority; or\n(b) the grant is determined otherwise than by reference to a local education authority’s scheme and the supplies are to support pupils who do not have statements of special educational needs under section 7 of the Education Act 1981 and whose educational needs are not being assessed under section 5 of that Act (regulation 2(2)).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/650/note",
    "retrieved_at": "2026-10-29T13:37:56.242685+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}