Part II New framework for maintained schools

C1C3C5C7 Chapter IV Financing of maintained schools

Annotations:
Modifications etc. (not altering text)
C1

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

Financial delegation

I1C2C3C5C4C6C7C850C3C5C7 Effect of financial delegation.

1

Where a maintained school has a delegated budget in respect of the whole or part of a F3funding period the F7local authority shall secure that in respect of F4that period there is available to be spent by the governing body—

a

where the school has a delegated budget in respect of the whole of that F5period, a sum equal to the school’s budget share for the F5period, or

b

where the school has a delegated budget in respect of only part of that F6period, a sum equal to that portion of the school’s budget share for the F6period which has not been spent.

2

The times at which, and the manner in which, any amounts are made available by the authority to the governing body in respect of any such sum shall be such as may be provided by or under the scheme.

3

Subject to any provision made by or under the scheme, the governing body may spend any such amounts as they think fit—

a

for any purposes of the school; or

b

(subject also to any prescribed conditions) for such purposes as may be prescribed.

F83A

In the case of a school in England—

a

subject to regulations under paragraph (b) below, subsection (3)(a) has effect as if amounts spent on providing facilities or services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc) were spent for purposes of the school;

b

regulations may impose restrictions as to the matters on which amounts may be spent under subsection (3)(a).

4

F9In the case of a school in Wales, “purposes of the school” in subsection (3) does not include purposes wholly referable to the provision of—

F1za

facilities and services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.),

a

part-time education suitable to the requirements of persons of any age over compulsory school age, or

b

full-time education suitable to the requirements of persons who have attained the age of 19;

but any such purposes may be prescribed by regulations under paragraph (b) of that subsection.

5

Nothing in subsection (3) shall be read as authorising the payment of allowances to governors otherwise than in accordance with regulations F2under section 19 of the Education Act 2002 (or, in the case of temporary governors of a new school, regulations under section 34(5) of that Act).

6

The governing body may delegate to the head teacher, to such extent as may be permitted by or under the scheme, their powers under subsection (3) in relation to any amount such as is mentioned in that subsection.

7

The governors of a school shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of their powers under subsection (3) or (6).