{
  "url": "https://openlegislation.uk/further-education-recoupment-amendment-regulations-1989/note",
  "json_url": "https://openlegislation.uk/further-education-recoupment-amendment-regulations-1989/note.json",
  "legislation": "uksi/1989/1722",
  "legislation_title": "The Further Education (Recoupment) (Amendment) Regulations 1989",
  "legislation_url": "https://openlegislation.uk/further-education-recoupment-amendment-regulations-1989",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Further Education (Recoupment) Regulations 1987 by substituting a new regulation for regulation 2 of the 1987 Regulations. Regulation 2 of those Regulations read together with the Schedule thereto prescribes categories of pupils for the purposes of section 51(1) and (5) of the Education (No. 2) Act 1986.\nSection 51(1) of that Act makes provision for local education authorities, where they provide education for a pupil belonging to the area of another such authority, to recoup the cost of such provision from that other authority. By virtue of subsection (5) of that section a pupil is not to be refused admission to a further education establishment on the ground that he does not belong to the area of the authority maintaining or assisting it. Both subsections apply only where the pupil falls within a prescribed category or, in the case of subsection (1), where the paying authority have consented to the provision (subsections (2)(b) and (6)(a)).\nBy these Regulations regulation 2 of the 1987 Regulations is amended so as to change the definition of “further education establishment” in paragraph 1 of the Schedule to the 1987 Regulations as that definition applies for the purpose of prescribing categories of pupils in relation to which section 51(1) applies, extending it to include establishments providing further education which are not maintained or assisted by a local education authority.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1989/1722/note",
    "retrieved_at": "2026-10-29T15:36:56.718412+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."
}