Education Act 1996

Extension of schemes

120 Application of schemes to maintained special schools

(1) The Secretary of State may by regulations require or authorise schemes to cover maintained special schools.

(2) Sections 107(1), 108 and 110 shall not apply to schools required to be covered by a scheme by virtue of regulations under subsection (1).

(3) Regulations under subsection (1) may require or authorise schemes to include provision for requiring the local education authority concerned to delegate to the governing body of a maintained special school the management of the school’s budget share for the year—

(a) in the case of all schools required to be covered by a scheme in any financial year by virtue of the regulations; or

(b) in the case of such schools required to be covered by a scheme in any financial year by virtue of the regulations as the Secretary of State may direct.

(4) The Secretary of State may by regulations—

(a) make in any of the following, namely—

(i) any provisions of this Chapter, and

(ii) sections 136 to 141, Schedule 14 and paragraphs 2 and 18 to 24 of Schedule 19 (which make provision in relation to the staffing of schools with delegated budgets etc.),

such amendments as appear to him to be required in consequence of any provision made in regulations under subsection (1); and

(b) provide that any scheme shall have effect with such modifications as appear to him to be appropriate in consequence of any provision so made.