The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Wales) (Amendment) (No. 2) Regulations 1996

Statutory Instruments

1996 No. 1911

EDUCATION, ENGLAND AND WALES

WALES

The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Wales) (Amendment) (No. 2) Regulations 1996

Made

5th August 1996

Laid before Parliament

7th August 1996

Coming into force

1st September 1996

In exercise of the powers conferred on the Secretary of State by sections 81(2), 82(2), 83(2), 88, 89, 90, 94 and 301(6) of the Education Act 1993(1) the Secretary of State for Wales hereby makes the following Regulations:—

Citation and Commencement

1.  These Regulations may be cited as the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Wales) (Amendment) (No. 2) Regulations 1996 and shall come into force on 1st September 1996.

Amendment of Regulations

2.  The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Wales) Regulations 1996(2) shall be amended by the insertion in paragraph (1) of regulation 4, before ‘12’ of ‘4A’, and by the insertion after that regulation of the following regulation:

“Determination of amount of maintenance grant: schools with wide age ranges

4A.— (1) This regulation applies in the case of a school which provides for pupils within an age range which spans from between 3 and 7 years of age inclusive to between 16 and 18 years of age inclusive.

(2) Where it appears to the Secretary of State that the amount of maintenance grant such a school would receive under these Regulations (other than this regulation) in respect of the financial year in question would be insufficient because of the nature of such a school to enable the governing body adequately to carry out their functions with respect to the conduct of the school, he may, after consultation with the relevant authority and the governing body of the school, determine as the amount of maintenance grant payable for the financial year in question such amount as appears to him to be fair and reasonable having regard to the provisions of these Regulations (other than this regulation) and to the relevant authority’s scheme.

(3) In particular, the Secretary of State may, for the purposes any calculation made for the purposes of such a determination, treat the school as a primary school or as a secondary school or as separate primary and secondary schools.”.

William Hague

Secretary of State for Wales

5th August 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Wales) Regulations 1996 (which apply only to grant-maintained and grant-maintained special schools situated in Wales) by adding an additional regulation 4A which provides for the determination of annual maintenance grant in the case of a school catering for a wide age range.

(1)

1993 c. 35. Sections 81 to 95 apply to grant-maintained special schools and their governing bodies by virtue of regulation 23 of the Education (Grant-maintained Special Schools) Regulations 1994, S.I. 1994/653, as substituted by regulation 11 of the Education (Grant-maintained Special Schools) (Amendment) Regulations 1994, S.I. 1994/1231. For the meaning of “regulations” see section 305(1) of the 1993 Act.

(2)

S.I. 1996/537 as amended by S.I. 1996/1334.