Education Act 1993 (repealed)

274 Revision of schemes for financing schools maintained by local education authorities. E+W

(1) For section 34(4) of the M1 Education Reform Act 1988 (duty to consult before preparing a scheme) there is substituted—

“(4) Before preparing such a scheme a local education authority shall consult—

(a) the governing body and the head teacher of every county, voluntary or special school maintained by the authority,

(b) the governing body of every grant-maintained school in the area of the authority, and

(c) the governing body of every grant-maintained special school which—

(i) is established under section 183 of the Education Act 1993 in the authority’s area, or

(ii) before becoming a grant-maintained special school was a special school maintained by the authority,

but the Secretary of State may, by notice in writing to the authority, dispense with the duty imposed under paragraphs (b) and (c) above in respect of such schools, or class or description of schools, as are specified in the notice.”

(2) For section 35 of that Act (replacement and variation of schemes) there is substituted—

“35 Revision of schemes.

(1) Subject to the following provisions of this section, a local education authority may revise the whole or any part of any scheme made by them under section 33 of this Act.

(2) Section 34(2) and (3) of this Act shall apply where the local education authority are preparing any revision under this section as they apply where they are preparing a scheme under section 33 of this Act.

(3) Where the local education authority propose to make a significant variation of the scheme—

(a) they shall first consult every governing body and head teacher whom they are obliged to consult under section 34(4) of this Act, and

(b) they shall then submit a copy of their proposals to the Secretary of State for his approval,

and where the proposals are so submitted section 34(5) of this Act shall apply to the scheme as revised as it applies to a scheme prepared under section 33.

(4) A revision which does not make a significant variation of the scheme is referred to in this section as a “minor revision”; and the Secretary of State may by order specify what descriptions of variation are to be regarded as significant for the purposes of this section.

(5) Where a local education authority propose to revise a scheme and the revision is in their opinion a minor revision, the authority shall give the Secretary of State notice in writing of their proposal, giving brief particulars of the nature of the revision proposed to be made.

(6) In any such case the authority shall, if so required by the Secretary of State before the end of the period of two months beginning with the date on which he receives notice under subsection (5) above of the authority’s proposal, send to him a copy of the scheme as proposed to be revised; and it shall be for the Secretary of State to determine whether or not any revision is a minor revision.

(7) The Secretary of State may by a direction revise the whole or any part of a scheme made under section 33 of this Act, as from such date as may be specified in the direction.

(8) Before giving such a direction the Secretary of State shall consult the local education authority concerned and such other persons as he thinks fit.”

(3) In section 40(2) of that Act (initial implementation), after “the scheme” there is inserted “ as first made under section 33 of this Act ”.

(4) In section 51(2)(a)(i) (interpretation), after “Act” there is inserted “ as from time to time revised under section 35 of this Act ”.

(5) In the case of a scheme made before the commencement of this section, subsection (3) above shall not have effect so as to alter the date which, immediately before commencement, is the date by reference to which the beginning of the initial period of the scheme is determined to an earlier date.

Marginal Citations

M1 1988 c. 40.