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Education and Inspections Act 2006

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Section 57

SCHEDULE 5E+WFunding of maintained schools

This schedulenoteType=Explanatory Notes has no associated

1In section 17(6) of SSFA 1998 (power of LEA to suspend right to delegated budget), omit the words from “but” onwards.E+W

2(1)Section 47A of SSFA 1998 (schools forums) is amended as follows.E+W

(2)In subsection (3)(b), for the words from “function” to the end substitute “ other function that may be imposed on the schools forum by or under this Chapter ”.

(3)Omit subsection (6) (which enables regulations under subsection (5) of that section to enable the Secretary of State or the Assembly to remove a non-schools member from membership of a schools forum).

(4)For subsection (9) substitute—

(9)In this section “relevant authority”, in relation to a schools forum, means the local education authority by whom the forum is established.

3(1)Section 48 of SSFA 1998 (local education authorities' financial schemes) is amended as follows.E+W

(2)In subsection (1), for “prepare” substitute “ maintain ”.

(3)In subsection (3), for “prepared” substitute “ maintained ”.

(4)In subsection (4), omit the words from “the approval” to “and for”.

(5)In subsection (5), for the words from “the scheme prepared” to the end substitute “ the scheme for the time being maintained under this section ”.

4In section 49 of SSFA 1998 (maintained schools to have delegated budgets) for subsections (2) and (3) substitute—E+W

(2)A new school shall have a delegated budget from a date determined in accordance with regulations.

(2A)Regulations under subsection (2) may—

(a)enable the date that would otherwise apply by virtue of the regulations to be varied in accordance with the regulations, on the application of the local education authority, by the authority's schools forum or by the Secretary of State, and

(b)make provision about the respective powers of the schools forum and the Secretary of State in relation to any application to vary that date.

5(1)Schedule 14 to SSFA 1998 (approval, imposition and revision of local education authority schemes) is amended as follows.E+W

(2)For the heading substitute “ REVISION OF LOCAL EDUCATION AUTHORITY SCHEMES ”.

(3)For the italic heading immediately before paragraph 1 substitute “ Publication of schemes ”.

(4)In paragraph 1—

(a)omit sub-paragraphs (1) to (6), and

(b)for sub-paragraph (7) substitute—

(7)A scheme maintained by a local education authority under section 48(1) shall be published in such manner as may be prescribed—

(a)on its coming into force as revised under this Schedule, and

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

(5)For paragraph 2 substitute—

2A(1)A local education authority may, in accordance with this paragraph, revise the whole or part of the scheme maintained by them under section 48(1).

(2)In revising the scheme, the local education authority shall take into account any guidance given by the Secretary of State, whether—

(a)generally, or

(b)in relation to that authority or any class or description of local education authorities to which that authority belongs,

as to the provisions the Secretary of State regards as appropriate for inclusion in the scheme.

(3)As regards any proposed variation of the scheme, the authority—

(a)shall first consult the governing body and head teacher of every school maintained by the authority (within the meaning of this Chapter), and

(b)shall then submit a copy of their proposals to the authority's schools forum for their approval.

2B(1)Regulations may make provision preventing schemes as revised from coming into force unless they are approved in accordance with the regulations by the local education authority's schools forum or by the Secretary of State.

(2)The regulations may in particular—

(a)prescribe circumstances in which proposals which have been submitted to a local education authority's schools forum may be submitted to the Secretary of State,

(b)enable the schools forum or the Secretary of State to approve proposals with modifications, and

(c)enable the schools forum or the Secretary of State, in giving their or his approval, to specify the date on which the scheme as revised is to come into force.

6In Schedule 15 to SSFA 1998 (suspension of financial delegation), the following provisions (which confer on the governing body a right to appeal to the Secretary of State or the Assembly or relate to that right of appeal) are omitted—E+W

(a)paragraph 1(4) and (6),

(b)paragraph 2(5), and

(c)paragraph 3.

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