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The LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 2003

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Interpretation

2.—(1) In these Regulations —

“the 1996 Act” (“Deddf 1996”) means the Education Act 1996(1);

“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998;

“the 2000 Act” (“Deddf 2000”) means the Learning and Skills Act 2000(2);

“the 2002 Act” (“Deddf 2002”) means the Education Act 2002; and

“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales.

(2) In these Regulations “maintained school” (“ysgol a gynhelir”) means a community, foundation or voluntary school or a community or foundation special school.

(3) In these Regulations a reference (however framed) to a community, foundation or voluntary school or a community or foundation special school includes a new school which on implementation of proposals under any enactment will be such a school, and which has a temporary governing body.

(4) In these Regulations a reference to a governing body includes the temporary governing body of a new school falling within paragraph (3).

(5) In these Regulations a reference to a primary or secondary school means a primary or secondary school which is or will be a community, foundation or voluntary school.

(6) In these Regulations a reference (however framed) to schools maintained by a local education authority does not include schools which are not maintained schools as defined in paragraph (2).

(7) In these Regulations, unless otherwise stated, references to expenditure are references to that expenditure net of —

(a)all related specific grants;

(b)all related fees, charges and income; and

(c)funding received from the National Assembly in respect of PFI scheme unitary payment.

(8) In these Regulations, a reference to specific grant is to any grant paid to the authority under conditions which impose restrictions on the particular purposes of the authority for which the grant may be used, but does not include —

(a)any grant made by the National Council for Education and Training for Wales(3) in respect of sixth form funding; or

(b)any specific grant which is used to support expenditure through the individual schools budget.

(9) In these Regulations, a reference to a PFI scheme unitary payment is a reference to a charge payable by the local education authority under a private finance transaction.

(10) In these Regulations, a reference to a private finance transaction is a reference to a transaction as defined by regulation 16 of the Local Authorities (Capital Finance) Regulations 1997(4).

(11) In these Regulations, a reference to a formula means a formula determined (after consultation) by the local education authority before the beginning of a financial year by which they will determine schools' budget shares in that financial year having regard to factors, criteria and requirements prescribed in regulations made under section 47 of the 1998 Act.

(12) In these Regulations, a reference to capital expenditure means expenditure which an authority propose to capitalise in their accounts in accordance with proper practices being those accounting practices —

(a)which the authority are required to follow by virtue of any enactment; or

(b)which, so far as they are consistent with any such enactment, are generally regarded whether by reference to any generally recognised published code or otherwise, as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned(5).

(13) In these Regulations references to CERA are references to capital expenditure which an authority expect to charge to a revenue account of the authority as defined in section 41(2) of the Local Government and Housing Act 1989(6).

(14) In these Regulations, references to excepted expenditure are references to the following classes or descriptions of expenditure —

(a)Capital expenditure other than CERA;

(b)Expenditure for the purposes of section 26 of the Road Traffic Regulation Act 1984(7) (arrangements for patrolling school crossings); and

(c)Expenditure incurred by the local education authority under section 51A of the 1998 Act(8) (expenditure incurred for community purposes).

(3)

The National Council for Education and Training for Wales was established under section 30 of the 2000 Act.

(4)

S.I. 1997/319, as amended by S.I. 1998/371 and 1999/1852.

(5)

These are the proper practices as referred to in section 66(4) of the Local Government and Housing Act 1989 (c. 42) and, at the date that these Regulations are made, they include the Code of Practice on Local Authority Accounting in Great Britain 2002, as updated (ISBN 0 85299 947 X).

(7)

1984 c. 27, amended by the Local Government Act 1985 (c. 51), Schedule 5, paragraph 4(10).

(8)

Inserted by section 40 of, and paragraph 4 of Schedule 3 to, the 2002 Act.

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