The Education (Areas to which Pupils and Students Belong) (Amendment) (England) Regulations 2009

Made: 21st May 2009

Laid before Parliament: 28th May 2009

Coming into force: 24th June 2009

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 569(4) and 579(4) of the Education Act 1996¹.

Citation, commencement and application

1

• (1) These regulations may be cited as the Education (Areas to which Pupils and Students Belong) (Amendment) (England) Regulations 2009 and come into force on 24th June 2009.

• (2) The amendments made by these Regulations have effect only in relation to the application of the Education (Areas to which Pupils and Students Belong) Regulations 1996² to local education authorities in England.

Amendment of the Education (Areas to which Pupils and Students Belong) Regulations 1996

2

• (1) The Education (Areas to which Pupils and Students Belong) Regulations 1996 are amended as follows.

• (2) In regulation 2(1), omit—

“further education student” means a person in respect of whom provision for further education is made;

• (3) In regulation 2, after paragraph (3) insert—

(4) These Regulations do not apply for the purpose of determining which authority’s area a child is in for the purposes of section 321(3)³ of the Education Act 1996.

• (4) In regulation 3(a), omit—

• “other than a further education student” and “and”.

• (5) Omit paragraph (b) of regulation 3.

• (6) In each of regulations 4(2)(a), 5(2)(a) and 7(2)(a), for “Part III of the Education Act 1993”, substitute “Part 4 of the Education Act 1996”.

• (7) In regulation 4(2)(b), for “section 50(1) of the Education Act 1944,” substitute “section 514(1)⁴ of the Education Act 1996”.

• (8) In each of regulations 6(2)(b) and 7(2)(c), for “section 298(1) of the Education Act 1993”, substitute “section 19(1)⁵ of the Education Act 1996”.

• (9) In regulation 7(1), after the words “other regulation”, add—

in these Regulations

• (10) In regulation 7(2)—

• (a) omit “or” at the end of sub-paragraph (c), and

• (b) omit sub-paragraph (d).

• (11) Omit regulations 8, 9, 10 and 11.

Signed

Sarah McCarthy-Fry — Parliamentary Under Secretary of State — Department for Children, Schools and Families — 21st May 2009

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The Education (Areas to which Pupils and Students Belong) (Amendment) (England) Regulations 2009 amend the Education (Areas to which Pupils and Students Belong) Regulations 1996 (“the Principal Regulations”).

Regulations 2(2), 2(4), 2(5), 2(10) and 2(11) remove references to further education students in regulations 2(1) and 3(a) of the Principal Regulations and revoke regulations 3(b), 7(2)(d), 8, 9 and 10 of those Regulations. The effect of this is that the Principal Regulations will cease to make special provision about the areas to which further education students are to be treated as belonging. Regulation 2(11) also revokes regulation 11 of the Principal Regulations, which makes provision for the Education (Areas to which Pupils and Students Belong) Regulations 1989⁶ to continue to apply for specified payments, as it is no longer needed.

Regulation 2(3) amends regulation 2 of the Principal Regulations to provide that those Regulations do not apply for the purpose of determining the education authority responsible for identifying, assessing, making and maintaining statements and performance of other functions under Part 4 of the Education Act 1996 relating to children with special educational needs.

Regulations 2(6) to (8) amend various regulations in the Principal Regulations by substituting references to current legislation for references to legislation that is no longer in existence.

Regulation 2(9) amends regulation 7 of the Principal Regulations to make clear that the regulation applies to the exclusion of other regulations in the Principal Regulations only.

Footnotes