Part II New framework for maintained schools

C2C5C7C10 Chapter IV Financing of maintained schools

Annotations:
Modifications etc. (not altering text)
C2

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

Financial delegation

C4C5C7C6C949C5C7 Maintained schools to have delegated budgets.

1

Every maintained school shall have a delegated budget.

F42

A new school shall have a delegated budget from a date determined in accordance with regulations.

2A

Regulations under subsection (2) may—

a

enable the date that would otherwise apply by virtue of the regulations to be varied in accordance with the regulations, on the application of the F6local authority, by the authority's schools forum or by the Secretary of State, and

b

make provision about the respective powers of the schools forum and the Secretary of State in relation to any application to vary that date.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Subject to—

a

section 50 (right of governing body to spend budget share where school has a delegated budget),

b

paragraph 4 of Schedule 15 (power of governing body to spend amounts out of budget share where delegation of budget suspended),

c

section 489(2) of the M1Education Act 1996 (education standards grants), and

d

any provisions of the scheme,

a F6local authority may not delegate to the governing body of any maintained school the power to spend any part of the authority’s F2F5non-schools education budget or schools budget.

5

Any amount made available by a F6local authority to the governing body of a maintained school (whether under section 50 or otherwise)—

a

shall remain the property of the authority until spent by the governing body or the head teacher; and

b

when spent by the governing body or the head teacher, shall be taken to be spent by them or him as the authority’s agent.

6

Subsection (5)(b) does not apply to any such amount where it is spent—

a

by way of repayment of the principal of, or interest on, a loan, or

C1b

(in the case of a voluntary aided school) to meet F1expenses payable by the governing body under paragraph 3(1) or (2) of Schedule 3F1expenditure payable by the governing body under paragraph 3(1) of Schedule 3F3, F7... or paragraph 8 of Schedule 8 to the Education Act 2002F8section 75(2)(b) of, or paragraph 4 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013.

C87

In this Part—

a

references to a school having a delegated budget are references to the governing body of the school being entitled to manage the school’s budget share; and

b

where a school has a delegated budget the governing body are accordingly said to have a right to a delegated budget.