Education Act 2016

If the Minister is satisfied that – the registration of a registered school to which a grant made under section 203 had been paid, or both such a grant and an additional grant made under section 206 have been paid, has been suspended or cancelled; or a condition to which the registration of such a school is subject has been contravened; or the governing body of such a school has contravened section 211(3) or 212(3); or a condition to which the grant or additional grant is subject has been contravened – the Minister may require the governing body of the registered school, in writing, to pay to the Minister an amount equivalent to the whole or part of the grant, or the grant and the additional grant, as determined by the Minister, within the period specified in the requirement.

In determining under subsection (1) the amount to be paid to the Minister if the registration of a registered school is suspended or cancelled, the Minister is to determine an amount that is proportional to that period for which the grant made under section 203, or both that grant and an additional grant made under section 206, was paid but during which the registered school is closed by reason of the suspension or cancellation of its registration.

If the registered school has contravened a condition to which its registration is subject, the Minister is to comply with any relevant regulations in determining, under subsection (1), the amount to be paid to the Minister.

The Minister may recover from a governing body, as a debt due and owing to the Crown and in a court of competent jurisdiction, an amount that the governing body is required to pay to the Minister under subsection (1).