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Education Act 2002

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This is the original version (as it was originally enacted).

Section 40

SCHEDULE 3Amendments of Part 2 of School Standards and Framework Act 1998

This schedule has no associated Explanatory Notes

Introductory

1In this Schedule “the 1998 Act” means the School Standards and Framework Act 1998.

Expenditure incurred for community purposes

2(1)Section 48 of the 1998 Act (local education authorities' financial schemes) is amended as follows.

(2)In subsection (1) after “by the authority” there is inserted “or the exercise by the governing bodies of those schools of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.)”.

(3)In subsection (2) after paragraph (d) there is inserted—

(dd)the imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the exercise of the power mentioned in subsection (1), including conditions prescribing financial controls and procedures;.

3In section 50 of the 1998 Act (effect of financial delegation), in subsection (4) (meaning of “purposes of the school”) before paragraph (a) there is inserted—

(za)facilities and services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.),.

4After section 51 of the 1998 Act there is inserted—

Expenditure incurred for community purposes

51AExpenditure incurred for community purposes

(1)Expenditure incurred by the governing body of a maintained school in the exercise of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) shall, as against third parties, be treated as part of the expenses of maintaining the school under section 22, but if met by the local education authority may be recovered by them from the governing body.

(2)Except as provided by regulations under section 50(3)(b), no expenditure incurred by the governing body of a maintained school in the exercise of the power referred to in subsection (1) shall be met from the school’s budget share for any financial year.

(3)Subsection (2) applies at a time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15, as well as a time when it does have a delegated budget.

5In Schedule 15 to the 1998 Act (suspension of financial delegation), in paragraph 1(1) (cases where local education authority may suspend governing body’s right to a delegated budget) the word “or” at the end of paragraph (a) is omitted and at the end of paragraph (b) there is inserted or

(c)are not managing in a satisfactory manner any expenditure, or sums received, in the exercise of the power conferred by section 27 of the Education Act 2002 (power to provide community facilities etc.).

Teachers engaged otherwise than as employees

6(1)Section 58 of the 1998 Act (appointment and dismissal of certain teachers at a school with a religious character) is amended as follows.

(2)In subsection (2)—

(a)for “the teaching staff of” there is substituted “teachers at”, and

(b)for “the teaching staff shall” there is substituted “the teachers shall”.

(3)In subsection (3), for “the number of the teaching staff”, in both places where it occurs, there is substituted “the total number of teachers”.

(4)In subsection (4), for “while holding the post of” there is substituted “while he remains”.

(5)In subsection (6), for the words from “may” to the end there is substituted may—

(a)in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and

(b)in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement..

(6)In subsection (9), in the definition of “reserved teacher”, after “employed” there is inserted “or engaged”.

7In section 59 of the 1998 Act (staff at community, secular foundation or voluntary, or special school), in subsection (2)(b), after “employed” there is inserted “or engaged”.

8(1)Section 60 of the 1998 Act (staff at foundation or voluntary school with religious character) is amended as follows.

(2)In subsection (5)(b), after “employment” there is inserted “or engagement”.

(3)In subsection (6), after “employed” there is inserted “or engaged”.

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