Explanatory note

These Regulations are made under section 207(1) of the Education Act 2002 and make provision for recoupment between local authorities where a person belonging to the area of one authority (“the home authority”) in England is educated by another authority (“the providing authority”) in England or Wales.

Regulation 2 amends the Education (Inter-authority Recoupment) Regulations 1994 so that those Regulations only apply to recoupment where the home authority is in Wales, except that regulation 5 of those Regulations (concerning how a providing authority makes a claim for recoupment) continues to apply to any claims made by a Welsh providing authority where the home authority is in England or in Wales.

Regulation 4 provides for circumstances where recoupment is mandatory between a home authority in England and a providing authority in Wales.

Regulation 5 provides for circumstances where recoupment is mandatory between a home authority in England and a providing authority in England.

Regulation 7 provides for circumstances where recoupment is optional between a home authority in England and a providing authority in Wales.

Regulation 8 provides for circumstances where recoupment is optional between a home authority in England and a providing authority in England.

Regulations 6 and 9 provide for transitional arrangements in relation to education provided before 1st April 2013.

Regulation 10 makes provision for how providing authorities in England should make their claims for recoupment.

An impact assessment has not been produced for this instrument as no impact on the private sector or civil society organisations is foreseen. The impact on the public sector is minimal.