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Education Act 2005

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This sectionnoteType=Explanatory Notes has no associated

5For sections 45B and 45C of the 1998 Act substitute—E+W

45BPower of Assembly to set minimum schools budget for LEA in Wales

(1)If it appears to the National Assembly for Wales that, in all the circumstances, the proposed amount of a local education authority's schools budget for a funding period is inadequate, the Assembly may, within the period of fourteen days beginning with the schools budget deadline in the funding period preceding that funding period, give the authority a notice under subsection (6) or (7).

(2)In subsection (1), the reference to the proposed amount of a local education authority's schools budget for a funding period is—

(a)if section 45AB is in force in relation to that funding period, a reference to the amount specified in a notice under section 45AB(1)(b), or

(b)if regulations under section 45AC(1) are in force in relation to that funding period, a reference to such amount, determined by the authority in accordance with those regulations and specified in a notice required by those regulations to be given to the Assembly, as may be prescribed.

(3)If at the schools budget deadline in any funding period, a local education authority in Wales have failed to give the Assembly a notice under section 45AB(1)(b) or a notice required as mentioned in subsection (2)(b), the Assembly may, at any time after that deadline, give the authority a notice under subsection (6) or (7).

(4)In this section “the schools budget deadline”—

(a)in a case falling within subsection (2)(a), has the same meaning as in section 45AB, and

(b)in a case falling within subsection (2)(b), means the time in the funding period preceding the funding period to which the schools budget relates by which regulations under section 45AC(1) require notice of a revised determination of the schools budget to be given to the Assembly.

(5)In this section and section 45C “the period under consideration” means the funding period to which the notice mentioned in subsection (2)(a) or (b) relates or, in a case falling within subsection (3), the funding period in relation to which such a notice ought to have been given.

(6)A notice under this subsection is a notice determining the minimum amount of the authority's schools budget for the period under consideration.

(7)A notice under this subsection is a notice which—

(a)specifies the amount which the Assembly would have determined as the minimum amount of the authority's schools budget for the period under consideration if the Assembly had acted under subsection (4), and

(b)states the Assembly's intention to determine the minimum amount of the authority's schools budget for the following funding period.

(8)A notice under subsection (6) or (7) must include a statement of the Assembly's reasons for giving the notice.

(9)The Assembly may act under different subsections in relation to different authorities.

45CEffect of notice under section 45B(6)

(1)The local education authority may, within the period of fourteen days beginning with the date of a notice under section 45B(6), give the National Assembly for Wales notice of their objection to the Assembly's determination, giving reasons for their objection.

(2)Where the local education authority have given notice of their objection under subsection (1), the notice under section 45B(6) shall cease to have effect, but the Assembly may by order prescribe the minimum amount of the authority's schools budget for the period under consideration.

(3)The amount prescribed under subsection (2) must not be greater than the amount specified in the notice under section 45B(6).

(4)An order under subsection (2) may relate to two or more authorities.

(5)Where—

(a)a notice under section 45B(6) has been given to a local education authority and no notice of objection has been given during the period specified in subsection (1), or

(b)an order has been made under subsection (2),

the local education authority shall determine a schools budget for the period under consideration which is not less than the amount specified in relation to the authority in the notice or order.

45DPower of Assembly to repeal Wales-only school funding provisions

The Assembly may by order—

(a)repeal any of the following provisions—

  • section 45AB,

  • section 45AC(4), and

  • sections 45B and 45C, and

(b)make any amendments of the other provisions of this Chapter which appear to the Assembly to be necessary or expedient in consequence of any repeal made by virtue of paragraph (a).

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Commencement Information

I1Sch. 16 para. 5 partly in force; Sch. 16 para. 5 not in force at Royal Assent see s. 125; Sch. 16 para. 5 in force for E. at 1.11.2005 by S.I. 2005/2034, art. 8

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