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Part IIE+W New framework for maintained schools

Chapter IVE+W Financing of maintained schools

Modifications etc. (not altering text)

C1Pt. 2 Ch. 4 (ss. 45-53) modified (20.11.1998) by S.I. 1998/2670, reg. 3(1)(3)

InformationE+W

52 Financial statements.E+W

(1)Before the beginning of each [F1financial year] [F1prescribed period] a local education authority shall prepare a statement containing such information relating to their planned expenditure in [F2that year] [F2that period] as may be prescribed.

[F3(1A)The periods prescribed for the purposes of subsection (1)—

(a)must consist of one or more funding periods, and

(b)may include funding periods in respect of which (by virtue of their inclusion in one or more earlier periods prescribed for the purposes of that subsection) information relating to planned expenditure has previously been required under that subsection.]

(2)After the end of each [F4financial year] [F4prescribed period] a local education authority shall prepare a statement containing such information with respect to the following matters as may be prescribed—

(a)the planned expenditure in that [F5year] [F5period] specified in the statement prepared by the authority under subsection (1),

(b)expenditure actually incurred, or treated by the authority as having been incurred, by them in the [F5year] [F5period], [F6and]

(c)any other resources allocated by the authority in the [F5year] [F5period] to schools maintained by them during any part of the [F5year] [F5period]. [F7and

(d)accountable resources held, received or expended in the [F5year] [F5period] by any person in relation to a school maintained by the authority.]

[F8(2A)In subsection (2)(d), “accountable resources”, in relation to a maintained school, means any resources which are not provided by the local education authority but in respect of which an obligation is imposed on the governing body of the school by virtue of regulations under section 44 of the Education Act 2002 (accounts of maintained schools).]

[F9(2B)The periods prescribed for the purposes of subsection (2) must consist of one or more funding periods.]

(3)A statement under this section shall—

(a)be prepared in such form, and

(b)be published in such manner and at such times,

as may be prescribed.

(4)The authority shall furnish the governing body and head teacher of each school maintained by them with a copy of each statement prepared by the authority under this section or, if regulations so provide, with a copy of such part or parts of it as may be prescribed.

(5)A governing body provided with such a copy under subsection (4) shall secure that a copy of it is available for inspection (at all reasonable times and free of charge) at the school.

(6)Subsection (5) does not apply to a temporary governing body of a new school at any time before the school opening date.

Textual Amendments

F1Words in s. 52(1) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 10(2)(a) (with s. 119); S.I. 2005/2034, art. 8

F2Words in s. 52(1) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 10(2)(b) (with s. 119); S.I. 2005/2034, art. 8

F3S. 52(1A) inserted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 10(3) (with s. 119); S.I. 2005/2034, art. 8

F4Words in s. 52(2) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 10(4)(a) (with s. 119); S.I. 2005/2034, art. 8

F5Word in s. 52(2)(a)-(d) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 10(4)(b) (with s. 119); S.I. 2005/2034, art. 8

F6Word in s. 52(2)(b) repealed (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 45(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

F7S. 52(2)(d) and word inserted (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 45(2), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

F8S. 52(2A) inserted (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 45(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

F9S. 52(2B) inserted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 10(5) (with s. 119); S.I. 2005/2034, art. 8

53 Certification of statements by Audit Commission.E+W

(1)A local education authority [F10in England] shall, if directed to do so by the Secretary of State, require the Audit Commission for Local Authorities and the National Health Service in England F11... to make arrangements in accordance with section 28(1)(d) of the M1Audit Commission Act 1998 for certifying—

(a)such statement or statements prepared by the authority under section 52 above, or

(b)such part or parts of any such statement or statements,

as may be specified in the directions; and for the purposes of section 28(1)(d) of that Act any statement under section 52 above shall be treated as a return by the authority.

(2)The arrangements made by the Audit Commission in pursuance of subsection (1) shall include arrangements for sending to the Secretary of State—

(a)a copy of the statement or statements so certified, or

(b)a copy of the part or parts so certified,

as the case may be.

(3)Directions given under subsection (1) may relate to any local education authority or to local education authorities generally or to any class or description of such authorities.

[F1253ACertification of statements by Auditor General for WalesE+W

(1)A local education authority in Wales shall, if directed to do so by the National Assembly for Wales, require the Auditor General for Wales to make arrangements in accordance with section 96B(1)(d) of the Government of Wales Act 1998 for certifying—

(a)such statement or statements prepared by the authority under section 52 above, or

(b)such part or parts of any such statement or statements,

as may be specified in the directions; and for the purposes of section 96B(1)(d) of that Act any statement under section 52 above shall be regarded as a return by the authority.

(2)The arrangements made by the Auditor General for Wales in pursuance of subsection (1) shall include arrangements for sending to the National Assembly for Wales—

(a)a copy of the statement or statements so certified, or

(b)a copy of the part or parts so certified,

as the case may be.

(3)Directions given under subsection (1) may relate to any local education authority or to local education authorities generally or to any class or description of such authority.]

Textual Amendments