Education Act 1944 (repealed 1.11.1996)

Financial Provisions E+W

100 Grants in aid of educational services. E+W

(1) The [F1 Secretary of State for Education and Science] shall by regulations make provision:—

(a) for the payment by him to local education authorities of annual grants in respect of the expenditure incurred by such authorities;

[F2 (i), (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(iii) in the removal of works constructed for the purposes of air-raid precautions or of temporary works constructed for defence purposes by or on behalf of the Secretary of State, the Admiralty or the Minister of Home Security in pursuance of Regulation fifty or fifty-one of the Defence (General) Regulations, 1939, or by agreement, and in the reinstatement of premises so far as it is rendered necessary by any such removal;]

(b) for the payment by him to persons other than local education authorities of grants in respect of expenditure incurred or to be incurred [F4 by them for the purposes of, or in connection with, the provision (or proposed provision) of educational services] or for the purposes of educational research; and

(c) for the payment by him, for the purpose of enabling pupils to take advantage without hardship to themselves or their parents of any educational facilities available to them, of the whole or any part of the fees and expenses payable in respect of children attending schools at which fees are payable, . . . F5

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(3) Any regulations made by the [F1 Secretary of State for Education and Science] . . . F7 under this section may make provision whereby the making of payments by him in pursuance thereof is dependent upon the fulfilment of such conditions as may be determined by or in accordance with the regulations, and may also make provision for requiring local education authorities and other persons to whom payments have been made in pursuance thereof to comply with such requirements as may be so determined.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(5) Nothing in this section shall affect any grants in aid of university education payable out of moneys provided by Parliment otherwise than in accordance with the provisions of this Act.

Subordinate Legislation Made

P1 S. 100(1)(b) and (3): s. 100(1)(b) (with s. 100(3)) power exercised by S.I.1991/1831

For previous exercises of power see Index to Government Orders

Textual Amendments

F1 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F2 Words substituted by Local Government Act 1958 (c. 55), Sch. 8 paras. 16(2), 35

F3 S. 100(1)(a)(i)(ii) repealed by Education Act 1980 (c.20, SIF 41:1), s. 38(6), Sch. 7

F4 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 213(3), 231(7), 235(6)

F5 Words repealed by Education Act 1962 (c. 12), s. 13, Sch. 2

F6 Ss. 100(2), 101 repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. II

F7 Words repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. II

F8 S. 100(4) repealed by Education Act 1973 (c. 16), Sch. 2 Pt. II

101 F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 Ss. 100(2), 101 repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. II

102 †Maintenance contributions payable by the Minister in respect of aided schools and special agreement schools. E+W

The [F10 Secretary of State for Education and Science] shall pay to the . . . F11 governors of every aided school and of every special agreement school maintenance contributions equal to [F12 85 per cent.] of any sums expended by them in carrying out their obligations under paragraph (a) of subsection (3) of section fifteen of this Act in respect of alterations [F13 and repairs] to the school buildings . . . F14 [F15 and may pay the . . . F11 governors of any aided school or special agreement school maintenance contributions not exceeding [F12 85 per cent.] of any sums expended by them on the provision of a site or of school buildings in pursuance of proposals approved under [F16 section 13 of the Education Act 1980] for a significant enlargement of the school premises:]

Provided that no maintenance contribution shall be payable under this section in respect of any expenditure incurred by the . . . F11 governors of a special agreement school in the execution of repairs or alterations for the execution of which provision is made by the special agreement relating to the school, [F15 nor shall a maintenance contribution be payable under this section in respect of any expenditure incurred by the . . . F11 governors of a special agreement school in pursuance of proposals for a significant enlargement of the school premises, being proposals to which the special agreement for the school relates.]

Textual Amendments

F10 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F11 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

F12 Words substituted by Education Act 1975 (c. 2), s. 3

F13 Words inserted retrospectively by Education Act 1946 (c. 50), s. 14(1), Sch. 2 Pt. II

F14 Words repealed retrospectively by Education Act 1946 (c. 50), s. 14(1), Sch. 2 Pt. II

F15 Words inserted by Education Act 1968 (c. 17), Sch. 1 para. 4(1)

F16 Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 16(4), Sch. 3 para. 4

Modifications etc. (not altering text)

C1 Unreliable marginal note.

103 Power of the Minister to make grants in respect of aided schools and special agreement schools transferred to new sites or established in substitution for former schools. E+W

(1) Where the [F17 Secretary of State for Education and Science] by an order made under section sixteen of this Act authorises the transfer of any voluntary school to a new site . . . F18 , then, if the school to be transferred . . . F18 in pursuance of the order is to be maintained as an aided school or a special agreement school, the [F17 Secretary of State for Education and Science] may pay to the . . . F19 governors of the school in respect of any sums expended by them in the construction of the school a grant not exceeding [F20 85 per cent.] thereof:

Provided that no grant shall be payable under this section to the . . . F19 governors of a special agreement school in respect of any sums expended by them in the execution of proposals to which the special agreement for the school relates.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(3) Without prejudice to the general discretion of the [F17 Secretary of State for Education and Science] as to the making of any grant under this section and as to the amount of any such grant, the [F17 Secretary of State for Education and Science] shall, in determining the amount of any such grant, take into account any sums which may accrue to the . . . F19 governors or trustees of the school in respect of the disposal of the site from which the school is to be transferred, . . . F18

Textual Amendments

F17 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F18 Words repealed by Education Act 1967 (c. 3), s. 1(5)(a)

F19 Words repealed by Education Act 1980 (c. 20), s. 1(3), Sch. 1 para. 12

F20 Words substituted by Education Act 1975 (c. 2), s. 3

F21 S. 103(2) repealed by Education (Miscellaneous Provisions) Act 1953 (c. 33), Sch. 2

Modifications etc. (not altering text)

C2 S. 103(1) amended retrospectively by Education (Miscellaneous Provisions) Act 1953 (c. 33), s. 8(1)

C3 S. 103(3) extended by Education Act 1967 (c. 3), s. 1(3)

104 F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F22 S. 104 repealed by Education Act 1967 (c. 3), s. 1(5)(b)

105 †Power of the Minister to make loans to aided schools and special agreement schools in respect of initial expenditure. E+W

(1) If upon the application of the . . . F23 governors of any aided school or special agreement school the [F24 Secretary of State for Education and Science] is satisfied after consultation with persons representing them that their share of any initial expenses required in connection with the school premises will involve capital expenditure which, in his opinion having regard to all the circumstances of the case, ought properly to be met by borrowing, he may make to the . . . F23 governors of the school for the purpose of helping them to meet that expenditure, a loan of such amount at such rate of interest and otherwise on such terms and conditions as may be specified in an agreement made between him and them with the consent of the Treasury.

(2) For the purposes of this section, the expression “initial expenses” means in relation to any school premises—

(a) expenses to be incurred in defraying the cost of any alterations required by the development plan approved by the [F24 Secretary of State for Education and Science] for the area;

(b) expenses to be incurred in pursuance of any special agreement;

[F25 (c) (i) expenses to be incurred in providing a site or school buildings on a significant enlargement of the school premises, being expenses in respect of which a maintenance contribution may be paid;

(ii) expenses to be incurred in providing school buildings on a site to which the school is to be transferred under the authority of an order under section 16(1) of this Act;

(iii) expenses to be incurred in providing a site or school buildings for a new school which by virtue of an order under section 16(2) of this Act is deemed to be in substitution for a discontinued school or schools];

(d) expenses certified by the [F24 Secretary of State for Education and Science] under the last foregoing section as being attributable to the provision of education for displaced pupils;

and the . . . F23 governors’ share of any such initial expenses shall be taken to be so much thereof as remains to be borne by them after taking into account the amount of any maintenance contribution, grant under a special agreement, or grant under either of the last two foregoing sections, as may be paid or payable in respect of those expenses.

(3) If upon an application being made to him under subsection (2) of section fifteen of this Act for an order directing that a school shall be an aided school or a special agreement school it appears to the [F24 Secretary of State for Education and Science] that the area served by the school will not be also served by any county school or controlled school, then, unless he is satisfied that the . . . F23 governors of the school will be able to defray the expenses which would fall to be borne by them under paragraph (a) of subsection (3) of that section without the assistance of a loan under this section, the [F24 Secretary of State for Education and Science] shall consult such persons or bodies of persons as appear to him to be representative of any religious denomination which, in his opinion having regard to the circumstances of the area, is likely to be concerned; and, unless after such consultation he is satisfied that the holding of a local inquiry is unnecessary, shall cause such inquiry to be held before determining the application.

Textual Amendments

F23 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

F24 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F25 S. 105(2)(c) substituted by Education Act 1968 (c. 17), Sch. 1 para. 4(2)

Modifications etc. (not altering text)

C4 Unreliable marginal note.

C5 S. 105 amended by Education (Miscellaneous Provisions) Act 1953 (c. 33), s. 8(3), Education Act 1959 (c. 60), s. 1(4) and Education Act 1967 (c. 3), s. 1(4)

106 F26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F26 Ss. 106, 108—110, 114(4) and Sch. 7 repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. IV

107 F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F27 S. 107 repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. V