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The Financing of Maintained Schools (Amendment) (Wales) Regulations 2003

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Welsh Statutory Instruments

2003 No. 538 (W.75)

EDUCATION, WALES

The Financing of Maintained Schools (Amendment) (Wales) Regulations 2003

Made

5th March 2003

Coming into force

6th March 2003

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on the Secretary of State by sections 46(2) and (3) and 138(7) and (8) of the School Standards and Framework Act 1998(1) and now vested in the National Assembly for Wales(2).

Name, application and commencement

1.—(1) These Regulations are called the Financing of Maintained Schools (Amendment) (Wales) Regulations 2003 and shall come into force on 6th March 2003

(2) They apply only to Wales.

(3) The amendments made by these Regulations shall not apply in relation to the financing of maintained schools in any financial year beginning before 1st April 2003.

Amendment of Regulations

2.—(1) The Financing of Maintained Schools Regulations 1999(3) are amended as follows.

(2) In paragraph 40A(1) of Schedule 2(4), for “and 1st April 2002” substitute “, 1st April 2002 and 1st April 2003”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5).

D.Elis-Thomas

The Presiding Officer of the National Assembly

5th March 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Financing of Maintained Schools Regulations 1999 (which now apply only to Wales).

Those 1999 Regulations (as previously amended) prescribe the expenditure which makes up a local education authority’s local schools budget and specify what expenditure may be deducted by them from their local school’s budget in order to arrive at their individual schools budget. They also provide for the basis on which the latter budget is to be distributed between schools. They require local education authorities in a scheme prepared by them, to deal with specified matters connected with the financing of schools which they maintain.

Among the items of expenditure which may be deducted from the local school’s budget and retained centrally is expenditure on teachers' pay restructuring and the employment of advanced skills teachers. However, such expenditure may only be deducted for the financial years 2000—2003. The present regulations provide that such expenditure may be deducted for the financial year 2003—4.

(1)

1998 c. 31. For the meaning of “prescribed” and “regulations” see section 142(1). Section 46 of the 1998 Act is prospectively repealed by Part 3 of Schedule 22 to the Education Act 2002 (c. 32).

(2)

See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(3)

S.I. 1999/101 amended by S.I. 2000/911 (W.40), S.I. 2001/495 (W.22) and S.I. 2002/136 (W.19). Those 1999 regulations originally applied to both England and Wales but were revoked in relation to England by S.I. 2000/478.

(4)

Paragraph 40A was inserted by S.I. 2000/911 (W.40).

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