Education Act 1944 (repealed 1.11.1996)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) and (3): s. 100(1) (with s. 100(3) and 111A) power exercised by S.I.1991/1975

P2 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

F10 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 Ss. 102, 103 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 22, Sch. 21 Pt.II; S.I. 1993/3106, art. 4, Sch. 1

F11 103 . E+W

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

Textual Amendments

F11 Ss. 102, 103 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 22, Sch. 21 Pt.II: S.I. 1993/3106, art. 4, Sch.1

104 F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F12 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 . . . F13 governors of any aided school or special agreement school the [F14 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 . . . F13 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 [F14 Secretary of State for Education and Science] for the area;

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

[F15 (c) (i) expenses to be incurred in providing a site or school buildings on a significant enlargement of the school premises [F16 or on a transfer of the school to a new site], being expenses in respect of which [F17 grants under section 281 of the Education Act 1993] 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 [F18 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]];

F19 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and the . . . F13 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 F20 . . . grant under a special agreement, or grant under [F21 section 281 of the Education Act 1993], 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 [F14 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 . . . F13 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 [F14 Secretary of State for Education and Science] shall consult such persons or bodies of persons as appear to him to be representative of any [F22 religion or] 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

F13 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

F14 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F15 S. 105(2)(c) substituted by Education Act 1968 (c. 17), Sch. 1 para. 4(2)

F16 Words in s. 105(2)(c)(i) inserted(1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 23(a)(i); S.I. 1993/1975, art. 9, Sch. 1

F17 Words in s. 105(2)(c)(i) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 23(a)(i); S.I. 1993/1975, art. 9, Sch. 1

F18 Words in s. 105(2)(c)(iii) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 23(a)(ii); S.I. 1993/3106, art. 4, Sch. 1

F19 S. 105(2)(d) repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 23(a)(iii), Sch. 21 Pt.II; S.I. 1993/3106, art. 4, Sch. 1

F20 Words in s. 105(2) repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 23(a)(iv), Sch. 21 Pt. II; S.I. 1993/3106, art. 4, Sch. 1

F21 Words in s. 105(2) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 23(a)(iv); S.I. 1993/3106, art. 4, Sch. 1

F22 Words in s. 105(3) inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 23(b); S.I. 1994/507, art. 4(1), Sch.2.

Modifications etc. (not altering text)

C1 Unreliable marginal note.

C2 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 F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F23 Ss. 106, 108—110, 114(4) and Sch. 7 repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. IV

107 F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F24 S. 107 repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. V