The Education (Grants for Education Support and Training) (England) Regulations 1997

Interpretation

2.—(1) In these Regulations—

“the 1989 Act” means the Local Government and Housing Act 1989(1);

“the 1996 Act” means the Education Act 1996;

“the 1995 Order” means the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (England) Order 1995(2);

“approved expenditure” means any expenditure which is approved as provided in regulation 3 below;

“basic curriculum” has the meaning given to it in section 352 of the 1996 Act;

“classroom assistant” means an employee of an education authority or of the governing body of a school who is normally present in a classroom with a teacher and who assists the teacher;

“determine” means determine by notice in writing;

“education authority” means a local education authority;

“family literacy programmes” means programmes which enable parents to improve their own literacy skills whilst helping their children to read and write;

“grant” means a grant under these Regulations;

“key stage 2” means the second key stage referred to in section 355(1)(b) of the 1996 Act;

“maintained school” means a school maintained by an education authority;

“non-maintained special school” means a special school which is neither a maintained special school nor a grant-maintained special school;

“prescribed expenditure” means

(a)

expenditure by an education authority for or in connection with any of the purposes specified in paragraphs 1–15, 16(a) or 17–19 of the Schedule; or

(b)

expenditure by an education authority which satisfies the conditions specified in paragraph (2) below for or in connection with the purpose specified in paragraph 16(b) of the Schedule;

“relevant lender” means—

(a)

the Public Works Loan Board;

(b)

the Bank of England;

(c)

the European Investment Bank;

(d)

a body mentioned in any of paragraphs 1 to 17, or in paragraphs 28, 29 or 30, of Part II of the Schedule to the Local Authorities (Capital Finance) (Approved Investments) Regulations 1990(3);

(e)

an authorised institution (within the meaning of the Banking Act 1987(4));

(f)

a building society (within the meaning of the Building Societies Act 1986(5));

“specialist school” means a maintained school which specialises in—

(a)

mathematics, science and technology;

(b)

modern foreign languages;

(c)

the fine arts and performing arts; or

(d)

sport;

“standard task assessment” has the same meaning as in article 5 of the 1995 Order;

“teacher” means a person who by virtue of regulations(6) relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988(7) is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section; and

“youth and community worker” means a person employed or working in a voluntary capacity in connection with the provision of facilities of a kind mentioned in sections 2(3)(b) and 508 of the 1996 Act other than a person undertaking duties that are solely administrative, secretarial, clerical or manual.

(2) The conditions referred to in sub-paragraph (b) of the definition of “prescribed expenditure” in paragraph (1) above are that on 1st April 1997 the education authority—

(a) has a credit ceiling, as determined under Part III of Schedule 3 to the 1989 Act which was nil or a negative amount; and

(b) had no money outstanding by way of borrowing other than—

(i) short-term borrowing (within the meaning of section 45(6) of the 1989 Act); or

(ii) borrowing undertaken before 24th August 1995, other than borrowing by the issue of stock on or after 15th December 1993 from a person who is not a relevant lender.

(1)

1989 c. 42.

(2)

S.I. 1995/2071 amended by S.I. 1996/2114.

(3)

S.I. 1990/426; relevant amending instruments are S.I. 1992/1353, 1995/850 and 1996/568.

(4)

1987 c. 22.

(5)

1986 c. 53.

(6)

The regulations currently in force are the Education (Teachers) Regulations 1993 (S.I. 1993/543), amended by S.I. 1994/222, section 14(2) of the Education Act 1994 (c. 30), S.I. 1995/602 and 2594 and 1996/1603.

(7)

Section 218 was amended by paragraph 49 of Schedule 8 to the Further and Higher Education Act 1992, section 14(1) and (3) of, and paragraph 8(4) of Schedule 2 to, the Education Act 1994 and by paragraph 76 of Schedule 73 to the 1996 Act.