Part VIE+W School admissions, attendance and charges

[F1Chapter IIIE+W Charges in connection with education at maintained schools]

Textual Amendments

F1Pt. VI Ch. III heading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 119 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Modifications etc. (not altering text)

Permitted chargesE+W

458 Charges for board and lodging at boarding schools.E+W

(1)Subject to subsections (2) to (5) [F2and section 49 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018], where a registered pupil at a maintained school is provided at the school with board and lodging, there shall be payable in respect of the board and lodging by the parent of the [F3pupil concerned, to the [F4local authority], charges] not exceeding the cost to the authority F5. . . of providing the board and lodging.

(2)Where—

F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the [F4local authority] [F7for that pupil’s area] are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the [F4local authority] for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school.

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where the [F4local authority] for the pupil’s area are satisfied that payment of the full charges payable under this section would involve financial hardship to the parent of the pupil concerned, the authority—

(a)in the case of charges payable to the authority, shall remit so much of those charges as falls in accordance with subsection (5) to be so remitted, and

(b)in the case of charges payable to another [F4local authority] F9. . . in respect of board and lodging, shall pay so much of those charges as falls in accordance with subsection (5) to be so paid.

(5)The amount that falls to be remitted or paid by a [F4local authority] by virtue of subsection (4)(a) or (b) is—

(a)such part of the charges in question as the authority consider ought not to be paid by the pupil’s parent in order to avoid such hardship as is mentioned in subsection (4), or

(b)the whole of those charges if, in their opinion, such hardship cannot otherwise be avoided.

[F10(6)In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs.]

Textual Amendments

F3Words in s. 458(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 123(a)(i) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F7Words in s. 458(2)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 123(b)(ii) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F9Words in s. 458(4)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 123(d), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1