The Education (New Grant-maintained Schools) (Finance) Regulations 1998

Interpretation

2.—(1) In these Regulations, except where the context otherwise requires—

“the 1996 Act” means the Education Act 1996;

“the 1997 Regulations” means the Education (New Grant-maintained Schools) (Finance) Regulations 1997(1);

“financial year in question” means the financial year beginning in 1998;

“local education authority” means—

(a)

in relation to any school and financial year, the local education authority for the area in which the school is situated; or

(b)

where the school is situated in the area of more than one local education authority, such local education authority as the Secretary of State, after consultation with those local education authorities concerned, may determine;

“preceding financial year” means the financial year beginning in 1997;

“pupils with statements of special educational needs” means pupils for whom statements of their special educational needs are maintained under section 324 of the 1996 Act;

“school” means a grant-maintained school in respect of which these Regulations apply.

(2) Expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions set out opposite thereto in the second column, references to regulations being references to regulations of these Regulations—

aggregated budget	section 101(3)(b) of the 1996 Act
allocation formula	section 106(2) of the 1996 Act
capital grants	section 246(1) of the 1996 Act
Central AMG	regulation 4(1)(b)
change in the characteristics of the school	regulation 7(6)
comparable maintained school	regulation 7(2)
date of implementation of the proposals	section 217 of the 1996 Act
Direct AMG	regulation 4(1)(a)
financial year	section 579(1) of the 1996 Act
general schools budget	section 101(3)(a) of the 1996 Act
maintained school	regulation 7(2)
maintenance grant	section 244(1) of the 1996 Act
relevant date	regulation 18(7)
relevant percentage	regulation 8(2)
scheme	section 101(1) of the 1996 Act
school’s budget share	section 101(3)(c) and (6) of the 1996 Act
special purpose grants	section 245(1) of the 1996 Act.

(3) For the purposes of these Regulations, a grant-maintained school is established on the date of implementation of the proposals in respect of the school under Chapter IV of Part III of the 1996 Act.

(4) For the purposes of these Regulations, proposals for the establishment of a grant-main tained school or a comparable maintained school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the funding authority, reached—

(a) that number of pupils indicated by the local education authority, the promoters or the funding authority, as the case may be, when publishing proposals under section 35, 41, 211 or 212 of the 1996 Act for the establishment of that school, as the number to be admitted to each age group when the proposals were fully implemented; or

(b) if no such number was indicated, such number as the funding authority may determine.

(5) Unless the context otherwise requires, any reference in these Regulations to—

(a) a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered; and

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

(1)

S.I. 1997/956.