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Education Act 1996

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This is the original version (as it was originally enacted).

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121Publication of schemes

A scheme shall be published in such manner as may be prescribed—

(a)on its coming into force, and

(b)on such subsequent occasions as may be prescribed.

122Financial statements

(1)This section applies where a local education authority’s financial provision for county and voluntary schools is subject to regulation by a scheme.

(2)Before the beginning of each financial year, the authority shall prepare a statement of the financial provision they plan to make in that year for county and voluntary schools maintained by them.

(3)Part I of Schedule 11 has effect in relation to the contents of a statement under subsection (2).

(4)After the end of each financial year, the authority shall prepare a statement containing such information with respect to the following matters as may be prescribed—

(a)the planned financial provision in that year specified in the statement prepared by the authority under subsection (2);

(b)expenditure actually incurred in the year for the purposes of all schools required to be covered by the scheme; and

(c)expenditure actually incurred in the year which was incurred, or is treated by the authority as having been incurred, for the purposes of each such school.

(5)A statement under this section shall be prepared in such form, and published in such manner and at such times, as may be prescribed.

(6)The authority shall furnish—

(a)the governing body of each school required to be covered by the scheme in any financial year, and

(b)the governing bodies of—

(i)such grant-maintained schools in the authority’s area, and

(ii)such grant-maintained special schools mentioned in section 104(3)(c),

as may be prescribed,

with a copy of each statement prepared by the authority under this section in relation to that year or, in such circumstances as may be prescribed, with such part or parts of it as may be prescribed.

(7)A governing body provided with a statement under subsection (6) shall secure that a copy of it is available for inspection (at all reasonable times and free of charge) at the school.

123Certification of statements by Audit Commission

(1)This section applies where a local education authority’s financial provision for county and voluntary schools is subject to regulation by a scheme.

(2)The authority shall, if directed to do so by the Secretary of State, require the Audit Commission for Local Authorities and the National Health Service in England and Wales to make arrangements in accordance with section 29(1)(d) of the [1982 c. 32.] Local Government Finance Act 1982 for certifying such statement or statements prepared by the authority under section 122 of this Act as may be specified in the directions; and for the purposes of section 29(1)(d) of that Act any statement under section 122 of this Act shall be treated as a return by the authority.

(3)The arrangements made by the Audit Commission in pursuance of subsection (2) shall include arrangements for sending a copy of any such statement or statements as so certified to the Secretary of State.

(4)Directions given under subsection (2) may relate to any local education authority or to local education authorities generally or to any class or description of such authorities.

124Financial statements in respect of special schools not covered by statements under section 122

(1)A local education authority shall prepare, in respect of each financial year during the whole or any part of which they maintain one or more relevant special schools, a statement of the financial provision initially planned by them in respect of the year for that school or those schools.

(2)For the purposes of this section a “relevant special school” is any special school other than one in relation to which (by virtue of any provision made by regulations having effect under section 120) information is required to be included in a statement prepared by the authority in respect of the year under section 122.

(3)Part II of Schedule 11 has effect in relation to the contents of a statement under subsection (1).

(4)After the end of each financial year in respect of which a local education authority are required to prepare a statement under subsection (1), they shall prepare a statement containing such information in respect of—

(a)expenditure actually incurred in the year for the purposes of all the schools required to be covered by the statement under subsection (1), and

(b)expenditure actually incurred in the year which was incurred, or is treated by the authority as having been incurred, for the purposes of each such school,

as may be prescribed.

(5)Where only one school is required to be covered by the statement under subsection (1), the reference in subsection (4)(a) to all the schools is a reference to that school and subsection (4)(b) does not apply.

(6)A statement prepared under this section shall be prepared in such form, and published in such manner and at such times, as may be prescribed.

(7)The authority shall provide the governing body of any school required to be covered by a statement under subsection (1) in respect of a financial year with a copy of each statement prepared by the authority under this section in relation to that year.

(8)A governing body provided with a statement under subsection (7) shall secure that a copy of it is available for inspection (at all reasonable times and free of charge) at the school.

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