Education Act 1996

Section 22.

SCHEDULE 3 Transfer to funding authority of functions of Secretary of State

Functions relating to grant-maintained schools

1 (1) The Secretary of State may by order provide for any of his functions under the provisions of this Act mentioned in sub-paragraph (2) to be exercisable instead by a funding authority, either generally or in such circumstances as may be specified in the order.

(2) Those provisions are—

(a) sections 220 and 221 (alterations to instruments and articles of government);

(b) section 231(6) (consent to borrowing);

(c) section 233 (making and varying joint schemes);

(d) section 302 (variation of trust deeds);

(e) paragraph 5 of Schedule 21 (transitional powers of governing bodies); and

(f) paragraph 15 of Schedule 22 (approval of schemes for payment of allowances to governors).

(3) An order under this paragraph may—

(a) confer or impose such related functions on the funding authority, and

(b) provide for Part III of this Act to have effect with such modifications,

as the Secretary of State considers necessary or desirable in connection with any transfer of any functions under the provisions of this Act mentioned in sub-paragraph (2).

Functions under agreements relating to CTCs and CCTAs

2 (1) The Secretary of State may by order provide—

(a) for a funding authority to exercise the function of making and receiving payments under all or any of the agreements which he has entered into or may enter into under section 482 (CTCs and CCTAs); and

(b) for any such agreement to have effect accordingly.

(2) Any sums received by a funding authority in the exercise of those functions shall be paid to the Secretary of State.

Functions in respect of grants for certain expenditure due to ethnic minority population

3 (1) The Secretary of State may by order impose on a funding authority the function of paying on his behalf grants under section 11 of the [1966 c. 42.] Local Government Act 1966 (grants in respect of ethnic minority population) so far as payable by him by virtue of section 490 (grants to grant-maintained schools, CTCs and CCTAs).

(2) The payments shall be of such amounts and be paid to such persons as the Secretary of State may, in accordance with section 11 of the Local Government Act 1966, determine.