School Standards and Framework Act 1998

[F1 51A Expenditure incurred for community purposes E+W

(1) Expenditure incurred by the governing body of a maintained school [F2 in Wales] in the exercise of the power conferred by section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.) shall, as against third parties, be treated as part of the expenses of maintaining the school under section 22, but if met by the [F3 local authority] may be recovered by them from the governing body.

(2) Except as provided by regulations under section 50(3)(b), no expenditure incurred by the governing body of a maintained school [F4 in Wales] in the exercise of the power referred to in subsection (1) shall be met from the school’s budget share for any [F5 funding period].

(3) Subsection (2) applies at a time when the school does not have a delegated budget by virtue of any suspension under section 17 or Schedule 15, as well as a time when it does have a delegated budget.]

Textual Amendments

F1 S. 51A and cross-heading inserted (2.9.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

F2 Words in s. 51A(1) inserted (1.4.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 4(4), 29(5) (with s. 27); S.I. 2010/1817, art. 4

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F4 Words in s. 51A(2) inserted (1.4.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 4(4), 29(5) (with s. 27); S.I. 2010/1817, art. 4

F5 Words in s. 51A(2) substituted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 9 (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)