Education Act 2002

Chapter 2 E+W Financing of maintained schools

Determination of budgets E+W

41 Determination of specified budgets of [F1 local authority] E+W

(1) After section 45 of the School Standards and Framework Act 1998 there is inserted—

“45A Determination of specified budgets of [F1 local authority]

(1) For the purposes of this Part, a [F1 local authority]’s “ [F1 local authority] budget” for a financial year is the amount appropriated by the authority for meeting all expenditure by the authority in that year of a class or description prescribed for the purposes of this subsection.

(2) For the purposes of this Part, a [F1 local authority]’s “schools budget” for a financial year is the amount appropriated by the authority for meeting all expenditure by the authority in that year of a class or description prescribed for the purposes of this subsection (which may include expenditure incurred otherwise than in respect of schools).

(3) For the purposes of this Part, a [F1 local authority]’s “individual schools budget” for a financial year is the amount remaining after deducting from the authority’s schools budget for that year such planned expenditure by the authority in respect of that year as they may determine should be so deducted in accordance with regulations.

(4) Regulations under subsection (3) may—

(a) prescribe classes or descriptions of expenditure which are authorised or required to be deducted from an authority’s schools budget;

(b) provide, in relation to any prescribed class or description of expenditure specified in the regulations, that such expenditure may only be deducted subject to either or both of the following, namely—

(i) such limit or limits (however framed) as may be specified by or determined in accordance with the regulations, and

(ii) such other conditions as may be so specified or determined.

(5) Before the [F2 schools budget deadline] in any financial year, a [F1 local authority] shall—

(a) determine the proposed amount of their schools budget for the following financial year, and

(b) give notice of their determination to the Secretary of State and to the governing body of every school maintained by the authority.

[F3 (6) For the purposes of this section and section 45B “the schools budget deadline” is—

(a) the end of December in the case of an authority in England, and

(b) the end of January in the case of an authority in Wales.”]

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Section 46 of that Act (determination of [F1 local authority]’s local schools budget and individual schools budget) shall cease to have effect.

Textual Amendments

F1 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. 11(2)

F2 Words in s. 41 substituted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 66(3); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F3 Words in s. 41 inserted (18.11.2003 for E., 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 66(4); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F4 S. 41(2) repealed (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 4; S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(f)

Commencement Information

I1 S. 41 partly in force; s. 41 not in force at Royal Assent, see s. 216; s. 41(1)(3) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)

I2 S. 41 in force at 4.12.2003 for W. by S.I. 2003/2961, art. 5, Sch. Pt. II

F5 42 Power of Secretary of State to set minimum schools budget E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 42 repealed (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 4; S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(f)

43 Schools forums E+W

After section 47 of the School Standards and Framework Act 1998 (c. 31) there is inserted—

“Schools forums E+W

47A Schools forums

(1) Every [F1 local authority] shall in accordance with regulations establish for their area before such date as may be prescribed a body, to be known as a schools forum, representing the governing bodies and head teachers of schools maintained by the authority and, if the authority so determine, also representing such bodies as the authority may from time to time in accordance with regulations determine.

(2) Subsection (1) does not apply in relation to the Common Council of the City of London or the Council of the Isles of Scilly.

(3) The purpose of a schools forum is to advise the relevant authority on such matters relating to the authority’s schools budget as may be prescribed by regulations under section 45A(3) or by regulations under this subsection.

(4) Regulations under section 45A(3) or under subsection (3) may include provision requiring a relevant authority to have regard to advice given by their schools forum, or requiring a relevant authority to consult their schools forum in relation to prescribed matters or before taking prescribed decisions.

(5) Regulations may make provision as to the constitution, meetings and proceedings of a schools forum.

(6) Regulations made by virtue of subsection (5) may include provision enabling the Secretary of State in prescribed circumstances to remove from membership of a schools forum any non-schools member.

(7) Regulations may make provision with respect to expenses of a schools forum.

(8) Except as provided by regulations, the expenses of a schools forum shall be defrayed by the relevant authority.

(9) In this section—

• “non-schools member”, in relation to a schools forum, means a member other than a schools member;

• “relevant authority”, in relation to a schools forum, means the [F1 local authority] by whom the forum is established;

• “schools member”, in relation to a schools forum, means a member elected to represent governing bodies or head teachers of schools maintained by the relevant authority.”

Textual Amendments

F1 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. 11(2)

Commencement Information

I3 S. 43 partly in force; s. 43 not in force at Royal Assent, see s. 216; s. 43 in force for E. at 2.9.2002 by S.I. 2002/2002, art. 4

I4 S. 43 in force at 1.11.2003 for W. by S.I. 2003/1718, art. 6, Sch. Pt. III

Accounts and financial statements E+W

44 Accounts of maintained schools E+W

(1) Regulations may require the governing body of a maintained school—

(a) to keep prescribed accounts and prescribed records in relation to the accounts,

(b) to prepare prescribed financial statements or reports,

(c) to comply with prescribed conditions with respect to audit, and

(d) to send copies of the accounts, together with such financial statements or reports as may be prescribed, to the [F1 local authority].

(2) The regulations may—

(a) impose on the governing body requirements relating to—

(i) resources held by the governing body, and

(ii) other resources whose application is controlled by the governing body, and

(b) provide that for the purposes of the regulations any resources which, although not held by the governing body, appear to the [F1 local authority] to be available for the purposes of the school or for the purposes of the maintenance of any part of the school premises are to be taken to fall within paragraph (a)(ii) unless the governing body satisfy the [F1 local authority] that the governing body do not control the application of those resources.

(3) For the purposes of subsection (2), any powers exercisable by the head teacher are to be taken to be exercisable by the governing body.

(4) The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may require a [F1 local authority] to give him or it copies of accounts or other documents received by the authority from a governing body in accordance with regulations under this section.

(5) The regulations may prescribe the form or manner in which, the period by reference to which, and the time within which, anything required by the regulations must be done.

(6) The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may—

(a) publish information provided in accordance with regulations under this section in such form and manner as he or it considers appropriate,

(b) make arrangements for such information to be published in such form and manner, and by such persons, as he or it may specify for the purposes of this section, and

(c) make regulations requiring [F6 local authorities] to publish prescribed categories of such information, together with such supplementary information as may be prescribed, in such form and manner as may be prescribed.

(7) In this section “maintained school” has the same meaning as in Chapter 1.

Textual Amendments

F1 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. 11(2)

F6 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. 11(3)

Commencement Information

I5 S. 44(1)-(6) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4

I6 S. 44(7) in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

45 Financial statements E+W

(1) Section 52 of the School Standards and Framework Act 1998 (c. 31) (financial statements by [F1 local authority] ) is amended as follows.

(2) In subsection (2), the word “and” at the end of paragraph (b) is omitted and after paragraph (c) there is inserted “and

(d) accountable resources held, received or expended in the year by any person in relation to a school maintained by the authority.”

(3) After subsection (2) there is inserted—

“(2A) In subsection (2)(d), “accountable resources”, in relation to a maintained school, means any resources which are not provided by the [F1 local authority] but in respect of which an obligation is imposed on the governing body of the school by virtue of regulations under section 44 of the Education Act 2002 (accounts of maintained schools).”

Textual Amendments

F1 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. 11(2)

Commencement Information

I7 S. 45 in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4