The Financing of Maintained Schools (England) Regulations 2002

Strategic management

27.  Expenditure in their capacity as a local education authority in relation to—

(a) the Chief Education Officer and his personal staff;

(b) planning for the education service as a whole;

(c) functions of the authority under Part I of the Local Government Act 1999(1) (Best Value) and also the provision of advice to assist governing bodies in procuring goods and services with a view to securing continuous improvement in the way the functions of those governing bodies are exercised, having regard to a combination of economy, efficiency and effectiveness;

(d) revenue budget preparation; the preparation of information on income and expenditure relating to education, for incorporation into the authority’s annual statement of accounts; and the external audit of grant claims and returns relating to education;

(e) administration of grants to the authority (including preparation of applications), functions imposed by or under Chapter IV of Part II of the 1998 Act and, where it is the authority’s duty to do so, ensuring payments are made in respect of taxation, national insurance and superannuation contributions;

(f) authorisation and monitoring of expenditure which is not met from schools' budget shares (including expenditure in respect of schools which do not have delegated budgets) and all financial administration relating thereto;

(g) internal audit and other tasks necessary for the discharge of the authority’s chief finance officer’s responsibilities under section 151 of the Local Government Act 1972(2);

(h) recruitment, training and personnel management of staff who are funded by expenditure not met from schools' budget shares or who are employed in schools which do not have delegated budgets;

(i) investigations which the authority carry out of employees or potential employees of the authority or of governing bodies of schools, or of persons otherwise engaged or to be engaged with or without remuneration to work at or for schools;

(j) functions of the authority in relation to local government superannuation which it is not reasonably practicable for another person to carry out and functions of the authority in relation to the administration of teachers' pensions;

(k) retrospective membership of pension schemes and retrospective elections made in respect of pensions where it would not be appropriate to expect the governing body of a school to meet the cost from the school’s budget share;

(l) advice, in accordance with the authority’s statutory functions, to governing bodies in relation to staff employed, or to be employed, at a school;

(m) determination of conditions of service for non-teaching staff and advice to schools on the grading of such staff;

(n) the authority’s functions regarding the appointment or dismissal of employees;

(o) consultation and functions preparatory to consultation with governing bodies and persons employed at schools or their representatives, or with other interested bodies;

(p) compliance with the authority’s duties under the Health and Safety at Work etc. Act 1974(3) and the relevant statutory provisions as defined in section 53(1) of that Act in so far as compliance cannot reasonably be achieved through functions delegated to the governing bodies of schools; but including expenditure incurred by the authority in monitoring the performance of such functions by governing bodies and where necessary the giving of advice to them;

(q) the investigation and resolution of complaints;

(r) legal services relating to the statutory functions of the authority;

(s) the preparation and review of plans involving collaboration with other local authority services or with public or voluntary bodies;

(t) the preparation, modification and revision of an early years development plan for their area under sections 120 and 121 of the 1998 Act;

(u) provision of information to or at the request of the Crown and the provision of other information which the authority are under a duty to make available;

(v) the authority’s duties under Article 4(2) and (5) of the Race Relations Act 1976 (Statutory Duties) Order 2001(4);

(w) the remittance of fees payable to the General Teaching Council for England by virtue of section 4(4) of the Teaching and Higher Education Act l998(5) and the provision of information required by the Council pursuant to regulations(6) made under section 12 of that Act.

(1)

1999 c. 27.

(2)

1972 c. 70.

(3)

1974 c. 37.

(4)

S.I. 2001/3458.

(5)

1998 c. 30.

(6)

The regulations currently in force under this provision are the General Teaching Council for England (Deduction of Fees) Regulations 2001 (S.I. 2001/3993).