Explanatory note

Subsection (1) of section 51 of the Education (No. 2) Act 1986 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. Neither subsection applies to the provision of advanced further education (subsection (8)). Both apply to the provision of non-advanced further education but 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)).

These Regulations prescribe categories of pupils for the purposes of subsections (2)(b) and (6)(a) of section 51. The categories are set out in full in the Schedule to the regulations and include, as well as full-time pupils, pupils released from employment to attend college, sandwich pupils and pupils pursuing courses in pursuance of the Manpower Services Commission’s Youth Training Scheme.