HL Deb 30 October 1986 vol 481 cc857-8

92 Clause 42, page 46, line 6, after "apply" insert—

  1. (a) in relation to pupils who do not fall within a prescribed category; or
  2. (b)".
93 After Clause 42, inset the following new clause:

"Recoupement: cross-border provisions.

  1. .—(1) The Secretary of State may make regulations requiring or authorising payments of amounts determined by or under the regulations to be made by the one authority to another where—
    1. (a) the authority receiving the payment makes, in such cases or circumstances as may be specified in the regulations, provision for education in respect of a pupil having such connection with the area of the paying authority as may be so specified; and
    2. (b) one of the authorities is a local education authority and the other an education authority in Scotland.
  2. (2) The basis on which amounts payable under the regulations are to be determined shall be such as the Secretary of State sees fit to specify in the regulations and may, in particular, be similar to that adopted by him in relation to directions given under section 42(1) of this Act.
    3. 858
  3. (3) Any question concerning the connection of any pupil with the area of a particular local education authority or education authority shall be decided in accordance with the provisions of the regulations.
  4. (4) The reference in subsection (1) above to provision for education includes a reference to provision of any benefits or services for which provision is made by or under the enactments relating to education.".

Baroness Hooper

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 92 and 93. Amendment No. 92 is a drafting amendment designed to protect the freedom of providing authorities to refuse admission to further education students from other authorities when they know that recoupment will not be forthcoming. The new clause provides for the making of regulations dealing with cross-border recruitment between England, Wales and Scotland and vice-versa. It is an equivalent provision to that currently found in Section 31(5) of the Education Act 1980.

Moved, That this House do agree with the Commons in the said amendments.—(Baroness Hooper).

On Question, Motion agreed to.