Statutory Instrument 1994 No. 938

The Education (Grant-maintained Schools) (Finance) Regulations 1994

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© Crown Copyright 1994

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1994 No. 938

EDUCATION, ENGLAND AND WALES

The Education (Grant-maintained Schools) (Finance) Regulations 1994

In exercise of the powers conferred on the Secretary of State by sections 81(2), 82, 83(1) and (2), 84(2) and (6), 94 and 301(6) of the Education Act 1993^[1] the Secretary of State for Education hereby makes the following Regulations:

Citation, commencement and application
    1.—(1)  These Regulations may be cited as the Education (Grant-maintained Schools) (Finance) Regulations 1994 and shall come into force on 1st April 1994.

    (2)  These Regulations apply in relation to the financial year beginning on that date.

Interpretation
    2.—(1)  In these Regulations, except where the context otherwise requires—

"the 1988 Act" means the Education Reform Act 1988^[2];


"the 1993 Act" means the Education Act 1993;


"financial year in question" means the financial year beginning in 1994;


"local education authority" in relation to any school and financial year means the local education authority for the area in which the school is situated;


"preceding financial year" means the financial year beginning in 1993;


"pupils with statements of special educational needs" means pupils for whom statements of their special educational needs are maintained under section 168 of the 1993 Act or, before that section comes into force, section 7 of the Education Act 1981^[3];


"the 1993 Regulations" means the Education (Grant-maintained Schools) (Finance) Regulations 1993^[4];


"school" means a grant-maintained school situated in England the governing body of which was incorporated under Chapter II or IX of Part II of the 1993 Act.

    (2)  The following table shows provisions defining or otherwise explaining expressions used in these Regulations (other than provisions defining or explaining an expression used only in the same regulation or Schedule), references in the second column thereof to regulations being references to regulations of these Regulations—

aggregated budget	section 33(4)(b) of the 1988 Act
allocation formula	section 38(2) of the 1988 Act
capital grants	section 83(1) of the 1993 Act
change in the characteristics of the school	regulation 6(10)
date of implementation of the proposals	section 37(2) of the 1993 Act
delegated budget	section 33(6)(b) of the 1988 Act
financial year	section 305(1) of the 1993 Act
general schools budget	section 33(4)(a) of the 1988 Act
maintenance grant	section 81(1) of the 1993 Act
relevant authority	regulation 22(2)
relevant date	regulation 17(7)
relevant expenditure	regulation 15(3)
relevant percentage	regulation 9(2)
scheme	section 51(2)(a) of the 1988 Act[5]
school's budget share	section 51(2)(b) of the 1988 Act
secondary schools total	regulation 22(2)
special purpose grants	section 82(1) of the 1993 Act.



    (3)  In these Regulations references to a school becoming grant-maintained are references to a school acquiring grant-maintained status under Chapter II or IX of Part II of the 1993 Act.

    (4)  For the purposes of these Regulations, a school becomes a grant-maintained school on the date of implementation of the proposals in respect of the school under Chapter II or IX of Part II of the 1993 Act.

    (5)  Unless the context otherwise requires, any reference in these Regulations to—
 (a) a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered, and
 (b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

Revocation and transitional provisions
    3.—(1)  The 1993 Regulations are revoked.

    (2)  Notwithstanding the provisions of these Regulations—
 (a) the Education (Grant-maintained Schools) (Finance) Regulations 1989^[6] ("the 1989 Regulations") shall continue to apply for the purposes of—
 (i) determining, apportioning and redetermining the amount of maintenance grant payable in respect of a school for the financial year ending on 31st March 1990, and
 (ii) determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority (within the meaning of those Regulations) of a school in respect of that year;
 (b) the Education (Grant-maintained Schools) (Finance) Regulations 1990^[7] ("the 1990 Regulations") shall continue to apply for the purposes of—
 (i) determining, apportioning and redetermining the amount of maintenance grant payable in respect of a school for the financial year ending on 31st March 1991, and
 (ii) determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority (within the meaning of those Regulations) of a school in respect of that year;
 (c) the Education (Grant-maintained Schools) (Finance) Regulations 1991^[8] ("the 1991 Regulations") shall continue to apply for the purposes of—
 (i) determining, apportioning and redetermining the amount of maintenance grant payable in respect of a school for the financial year ending on 31st March 1992, and
 (ii) determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority (within the meaning of those Regulations) of a school in respect of that year;
 (d) the Education (Grant-maintained Schools) (Finance) Regulations 1992^[9] ("the 1992 Regulations") shall continue to apply for the purposes of—
 (i) determining, apportioning and redetermining the amount of maintenance grant payable in respect of a school for the financial year ending on 31st March 1993, and
 (ii) determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority (within the meaning of those Regulations) of a school in respect of that year;
 (e) the 1993 Regulations shall continue to apply for the purposes of—
 (i) determining, apportioning and redetermining the amount of maintenance grant payable in respect of a school for the financial year ending on 31st March 1994, and
 (ii) determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority (within the meaning of those Regulations) of a school in respect of that year.

    (3)  Paragraph (1) is without prejudice to the continued operation after 31st March 1994 of any requirements imposed by the Secretary of State on a governing body to whom payments in respect of maintenance grant, capital grant and special purpose grant have been made under one or more of (as the case may be) the 1989, 1990, 1991, 1992 and 1993 Regulations.

[1] 1993 c. 35. For the meaning of "regulations"see section 305(1). back

[2] 1988 c. 40. back

[3] 1981 c. 60. back

[4] S.I. 1993/568, amended by S.I. 1993/843. back

[5] Section 51(2)(a) is amended by section 274(4) of the Education Act 1993. back

[6] S.I. 1989/1287. back

[7] S.I. 1990/549, amended by S.I. 1990/2279 and S.I. 1991/353. back

[8] S.I. 1991/353. back

[9] S.I. 1992/555, amended by S.I. 1992/1095. back

Explanatory Note