The Education (Application of Financing Schemes to Special Schools) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

Section 33 of the Education Reform Act 1988 requires schemes for financing schools maintained by local education authorities to cover the county and voluntary schools maintained by them. Section 43 of the Act empowers the Secretary of State by regulations to provide for requiring or authorising schemes (a) to cover the special schools maintained by local education authorities, and (b) to include provision for the delegation by the local education authority concerned of the management of the budget share of each such school for any financial year to the governing body of the school.

These Regulations, which are made under section 43, authorise local education authorities to cover in their schemes in either or both of the financial years beginning in 1992 and 1993 the special schools maintained by them and any proposed such schools which have temporary governing bodies. For the financial year beginning in 1994 and subsequently the Regulations require all such schools (and proposed schools) to be covered by schemes. The Regulations provide for Chapter III of Part I of the Act, other than the requirement (in section 39(1)) for schemes to include provision for financial delegation, to apply to special schools covered by schemes (including providing for Schedule 4 to apply to new special schools) (regulations 2 and 3).

Regulation 4 makes consequential amendments to section 34 and paragraph 4(3) of Schedule 4 to the Act.