(1)Each local education authority shall have a scheme prepared in accordance with this Chapter and submitted for the approval of the Secretary of State in accordance with section 104.
(2)The scheme shall provide for—
(a)the determination, in respect of each financial year of the local education authority, of the budget share of each school required to be covered by the scheme in the year, and
(b)the delegation by the authority of the management of a school’s budget share for a financial year to the school’s governing body, where such delegation is required or permitted by or under the scheme.
(1)A scheme prepared by a local education authority under section 103 shall be submitted to the Secretary of State on or before such date as he may by order direct, either—
(a)generally; or
(b)in relation to any local education authority, or any class or description of such authorities, specified in the order.
(2)In preparing a scheme under that section a local education authority shall take into account any guidance given by the Secretary of State, whether—
(a)generally, or
(b)in relation to that authority or to any class or description of local education authorities to which that authority belongs,
as to the provisions he regards as appropriate for inclusion in the scheme.
(3)Before preparing such a scheme the local education authority shall consult—
(a)the governing body and the head teacher of every county, voluntary or special school maintained by the authority;
(b)the governing body of every grant-maintained school in the area of the authority; and
(c)the governing body of every grant-maintained special school which—
(i)is established under section 339 in the authority’s area, or
(ii)before becoming a grant-maintained school was a special school maintained by the authority;
but the Secretary of State may, by notice in writing to the authority, dispense with the duty imposed by paragraphs (b) and (c) above in respect of such schools, or such class or description of schools, as are specified in the notice.
(4)Such a scheme shall not come into force until it has been approved by the Secretary of State or until such date as he may, in giving his approval, specify; and the Secretary of State may approve such a scheme—
(a)either without modifications or with such modifications as he thinks fit after consulting the authority concerned; and
(b)subject to such conditions as he may specify in giving his approval.
(5)If in the case of any local education authority either—
(a)the authority fail to submit a scheme as required by subsection (1), or
(b)it appears to the Secretary of State that a scheme submitted by the authority as required by that subsection does not accord with any guidance given by him for the purposes of this section and cannot be made to do so merely by modifying it,
he may, after consulting the authority and such other persons as he thinks fit, impose a scheme making such provision of a description required to be made by a scheme under section 103 in relation to the financing by the authority of county and voluntary schools as he considers appropriate.
(6)A scheme imposed by the Secretary of State by virtue of subsection (5)—
(a)shall be treated as if made under 103 by the local education authority concerned; and
(b)shall come into force on such date as may be specified by the scheme.