Local Government, Planning and Land Act 1980

Section 63.

SCHEDULE 10 Adjustment of Block Grant in Connection with Education etc.

PART I Adjustment between England and Wales

Adjustment

1 (1) The English block grant for a year and the Welsh block grant for the year shall be subject to adjustment in accordance with this paragraph.

(2) The Secretary of State shall consider whether in his opinion the burden of the education expenditure for each year falls unevenly between local authorities in England on the one hand and those in Wales on the other.

(3) In doing so he shall ascertain the difference between—

(a) the amount of the education expenditure for the year of local authorities in England which appears to him (after taking account of recoupment) to ensure for the benefit of people belonging to the areas of local authorities in Wales; and

(b) the amount of the education expenditure for the year of local authorities in Wales which appears to him (after taking account of recoupment) to enure for the benefit of people belonging to the areas of local authorities in England.

(4) If, after he has ascertained that difference, it appears to the Secretary of State that the burden of the education expenditure for the year falls unevenly between local authorities in England on the one hand and those in Wales on the other, he may fix an amount by which the English block grant for any year should be increased and the Welsh block grant for the year should be decreased (or vice versa) in order to take account of the uneven way in which the burden falls.

Apportionment of increased or decreased amount

2 (1) Regulations shall provide for—

(a) the apportionment among local authorities in England of the amount (if any) by which the English block grant is increased or decreased in accordance with paragraph 1 above;

(b) the apportionment among local authorities in Wales of the amount (if any) by which the Welsh block grant is increased or decreased in accordance with that paragraph,

and for ascertaining the amount by which the block grant payable to each local authority should be increased or decreased accordingly.

(2) In paying the block grant for any year, the Secretary of State shall adjust the amount of the grant accordingly.

(3) Regulations under this paragraph may make different provision in relation to authorities in England and authorities in Wales.

Interpretation

3 (1) This paragraph has effect for the interpretation of paragraphs 1 and 2 above.

(2) References to the English and Welsh block grants for a year are references respectively to the aggregate amount of block grant payable in the year to local authorities in England and the aggregate amount of block grant payable in the year to local authorities in Wales.

(3) References to the education expenditure for a year are to the expenditure which the Secretary of State estimates has been or will be incurred for the year by all local authorities in England and Wales in the exercise of their functions as education authorities, and references to the education expenditure for a year of local authorities in England and of those in Wales are to be construed accordingly.

(4) References to recoupment are to recoupment between authorities under section 31 of the [1980 c. 20.] Education Act 1980.

PART II Other Adjustments between Authorities

Introduction

4 (1) The block grant payable to a local authority in England, and that payable to a local authority in Wales, shall be subject to adjustment in accordance with paragraphs 5 and 6 below.

(2) Those paragraphs shall be administered separately and may be administered differently, in England and in Wales, and references in them to regulations, to a local authority or local authorities and to a local education authority or local education authorities shall be construed accordingly, except where the wording of paragraph 5(5)(a) otherwise requires.

Expenditure other than on advanced further education

5 (1) Regulations may provide for ascertaining the aggregate of the expenditure to which this paragraph applies of all local authorities, for apportioning the aggregate among the authorities and for ascertaining the amount by which the block grant payable to each authority ought to be increased or decreased.

(2) The Secretary of State shall, in accordance with regulations under this paragraph, ascertain at such time as may be specified by the regulations—

(a) the estimated amount of the increases and decreases of the block grant which ought to be made for any year, and

(b) the actual amount of these increases and decreases,

and he shall in paying the block grant for any year adjust the amount of that grant in accordance with the estimated amounts so ascertained and shall in paying that grant for the earliest practicable subsequent year make any adjustment necessary to offset differences between the estimated and actual amounts so ascertained.

(3) Subject to sub-paragraphs (4) and (5) below, this paragraph applies to such expenditure as may be specified by regulations, being—

(a) expenditure, other than that to which paragraph 6 below applies, incurred by local authorities in the exercise of their functions as local education authorities ;

(b) expenditure incurred by local authorities on research into any of their functions, in the training of persons in matters connected with the functions of local authorities or in respect of persons to whom the training is given.

(4) Regulations specifying expenditure of any description under sub-paragraph (3) above may provide that only a specified proportion of that expenditure shall be expenditure to which this paragraph applies.

(5) Regulations under sub-paragraph (3)(a) above shall apply this paragraph to—

(a) expenditure incurred by local education authorities in the making of provision for primary and secondary education in respect of pupils not belonging to the area of any local education authority in England or Wales or to the area of any education authority in Scotland ; and

(b) expenditure, other than that to which paragraph 6 below applies, incurred by local education authorities in the making of provision for further education in respect of such pupils.

Expenditure on advanced further education

6 (1) Regulations may provide—

(a) for the specification by the Secretary of State, in advance for each year, of the amount of expenditure to which this paragraph applies which is to be taken into account for the purposes of the regulations in relation to that year;

(b) for enabling him to specify additional amounts of such expenditure which are to be so taken into account;

(c) for apportioning among local authorities, under or in accordance with the regulations, either the whole or a part specified by or in accordance with the regulations of—

(i) the amount specified for any year as mentioned in paragraph (a) above ;

(ii) any additional amounts specified for that year as mentioned in paragraph (b) above ;

and for informing local authorities of the shares apportioned to them respectively;

(d) for the specification, under or in accordance with the regulations, of the appropriate contribution of each local authority to the expenditure apportioned as mentioned in paragraph (c) above;

(e) for ascertaining the amount by which the block grant payable to each authority ought to be increased or decreased by reference to the share apportioned to it as compared with its appropriate contribution.

(2) The Secretary of State shall in paying the block grant for any year adjust the amount of that grant in accordance with the amount ascertained as mentioned in sub-paragraph 1l)(e) above.

(3) This paragraph applies to such expenditure incurred by local authorities in connection with further education of an advanced character, including the training of teachers, as may be specified for the purposes of this paragraph by or under regulations.

PART III General

Information

7 (1) Regulations may make provision requiring local authorities to furnish the Secretary of State, at such times and in such manner and form as may be specified in the regulations, with such estimates of their expenditure and with such other information required by him for the purposes of this Schedule as may be so specified.

(2) Regulations under this paragraph may make different provision in relation to authorities in England and authorities in Wales.

Consultation

8 (1) Before doing any of the things mentioned in sub-paragraph (2) below, the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.

(2) The things are: —

(a) making regulations under this Schedule ;

(b) ascertaining an amount under paragraph 1(3) above ;

(c) fixing an amount under paragraph 1(4) above ;

(d) specifying an amount under paragraph 6(1)(a) or (b) above.

Regulations

9 References in this Schedule to regulations are to regulations made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

10 Section 38(5) of the [1980 c. 20.] Education Act 1980 (individuals treated as belonging to areas of local education authorities) applies for the purposes of this Schedule as for those of that Act.