The Education and Libraries (Northern Ireland) Order 2003

Article 9

SCHEDULE 1 FUNDING OF GRANT-AIDED SCHOOLS: CONSEQUENTIAL AND SUPPLEMENTARY AMENDMENTS

The 1989 Order

1.  Omit Articles 46 to 59.

2.—(1) Article 60 (grants to voluntary grammar schools) shall be amended as follows.

(2) For paragraph (3) substitute—

“(3) The amount of a grant to be paid under paragraph (1) to the Board of Governors of a voluntary grammar school in any financial year shall be the sum of—

(a) an amount equal to the budget share of the school for that year; and

(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of grant under paragraph (1).”.

(3) Omit paragraphs (4) to (7E).

(4) At the end add—

“(9) This Article shall be construed as if it were contained in Part I of the Education and Libraries (Northern Ireland) Order 2003.”.

3.—(1) Article 61 (financial statements for voluntary grammar schools) shall be amended as follows.

(2) In paragraph (2) for the words from “the following particulars” to the end substitute “such particulars as the Department may determine with respect to the financial provision the Department plans to make in that year for voluntary grammar schools”.

(3) Omit paragraph (7).

4.  Omit Articles 62 and 63.

5.—(1) Article 77 (maintenance grants to grant-maintained integrated schools) shall be amended as follows.

(2) For paragraph (2) substitute—

“(2) The amount of the maintenance grant to be paid under paragraph (1) to the Board of Governors of a grant-maintained integrated school in any financial year shall be the sum of—

(a) an amount equal to the budget share of the school for that year; and

(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of grant under paragraph (1).”.

(3) Omit paragraphs (3) to (7D) and (12).

(4) At the end add—

“(14) This Article shall be construed as if it were contained in Part I of the Education and Libraries (Northern Ireland) Order 2003.”.

6.—(1) Article 78 (financial statements for grant-maintained integrated schools) shall be amended as follows.

(2) In paragraph (2) for the words from “the following particulars” to the end substitute “such particulars as the Department may determine with respect to the financial provision the Department plans to make in that year for grant-maintained integrated schools”.

(3) Omit paragraph (7).

The 1998 Order

7.  Omit Articles 44 to 54.

8.—(1) Article 55 (suspension of financial delegation) shall be amended as follows.

(2) In paragraph (1) for the words from the beginning to “a scheme” substitute “Where it appears to a board, in the case of any relevant school with a delegated budget,”.

(3) In paragraph (7) for “Article 54(2)” substitute “Article 6(1) of the 2003 Order”.

9.—(1) Article 59 (application to special schools) shall be amended as follows.

(2) In the heading to the Article and in paragraph (1) for “schemes” and “a scheme” substitute “the common funding scheme”.

(3) In paragraph (2)(a) after “this Chapter” insert “or Part I of the 2003 Order”.

(4) In paragraph (2)(b) for “any scheme” substitute “the common funding scheme”.

10.—(1) Article 61 (maintenance grants to voluntary grammar schools) shall have effect as follows.

(2) For paragraph (2) substitute—

“(2) The amount of the maintenance grant payable in respect of a voluntary grammar school for a financial year shall be the sum of—

(a) an amount equal to the budget share of the school for that year; and

(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of maintenance grant.”.

11.—(1) Article 63 (maintenance grants to grant maintained integrated schools) shall have effect as follows.

(2) For paragraph (2) substitute—

“(2) The amount of the maintenance grant payable in respect of a grant-maintained integrated school for a financial year shall be the sum of—

(a) an amount equal to the budget share of the school for that year; and

(b) such other amount determined by or in accordance with the common funding scheme as, in accordance with that scheme, falls to be paid by way of maintenance grant.”.

12.  Omit Articles 65 and 66.

13.—(1) Article 67 (financial statements in respect of special schools) shall be amended as follows.

(2) In the heading to the Article and in paragraph (1) for “Article 66” substitute “Article 7 of the 2003 Order”.

14.  After Article 67 there shall be inserted—

“Interpretation of this Chapter

67A.— (1) In this Chapter “the 2003 Order” means the Education and Libraries (Northern Ireland) Order 2003.

(2) In this Chapter—

(a) references to a school which has a delegated budget are references to a school managed by a Board of Governors to which a board has for the time being delegated the management of the school’s budget share in pursuance of the common funding scheme;

(b) the Board of Governors of a school to which the board is required by the scheme to delegate the management of the school’s budget share is said to have a right to a delegated budget.

(3) In this Chapter—

“the common funding scheme” means the common funding scheme under Article 3 of the 2003 Order;

“the board”, in relation to a school, means the board for the area in which the school is situated.

(4) References in this Chapter—

(a) to a school’s budget share are to be construed in accordance with Article 4(3) of the 2003 Order;

(b) to a relevant school are to be construed in accordance with Article 3(2) of that Order.

(5) The Department may by order subject to affirmative resolution substitute for references in this Chapter to a financial year references to such other period as the Department may determine.

(6) Directions and guidance given by the Department under this Chapter shall—

(a) be in writing; and

(b) be published in such manner as the Department thinks fit.”.

15.  In Article 72(7) for “Article 52(4)(b)” there shall be substituted “Article 67A(2)(a)”.