The Education (Post 16 Partnership Grant) (England) Regulations 1999

Statutory Instruments

1999 No. 605

EDUCATION, ENGLAND AND WALES

The Education (Post 16 Partnership Grant) (England) Regulations 1999

Made

8th March 1999

Laid before Parliament

9th March 1999

Coming into force

1st April 1999

In exercise of the powers conferred on the Secretary of State by sections 484, 485 and 569(4) and (5) of the Education Act 1996(1), the Secretary of State for Education and Employment hereby makes the following Regulations:–

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Post 16 Partnership Grant) (England) Regulations 1999 and shall come into force on 1st April 1999.

(2) These regulations apply in relation to relevant persons (as defined in regulation 2) in England and for the purpose of this regulation a person (other than a local education authority or the governing body of an institution within the further education sector) is “in England” if the person carries on any activities in England.

Interpretation

2.  In these Regulations–

“approved expenditure” means expenditure which is approved under regulation 3;

“relevant person” means any person (including a local education authority and the governing body of an institution within the further education sector) except–

(a)

the governing body of a school maintained by a local education authority; or

(b)

(until 1st September 1999) the governing body of a grant-maintained or grant-maintained special school.

Payment of grant

3.—(1) Subject to paragraph (2), the Secretary of State may pay grant to a relevant person in respect of expenditure incurred for or in connection with measures designed to promote partnership or co-operation in the provision of education for persons over compulsory school age between the relevant person and any other person or body concerned with the provision of such education.

(2) The Secretary of State may only pay grant under this regulation to the extent to which the expenditure in respect of which the grant is to be paid, incurred in any financial year, is approved for that financial year for the purpose of these Regulations.

Rate of grant

4.  Grant shall be payable at the rate of 100 per cent of approved expenditure.

Payment of grant

5.  Payments of grant under these Regulations shall be made at such times and in such instalments as the Secretary of State thinks appropriate.

Conditions of payment

6.  The making of payments of grant under these Regulations shall be dependent upon the fulfilment of such conditions as may be specified by the Secretary of State.

Requirements to be observed

7.—(1) A relevant person to whom grant is paid under these Regulations shall comply with such requirements as may be determined by the Secretary of State in the case in question.

(2) Without prejudice to the generality of paragraph (1), requirements determined under this regulation may include requirements as to–

(a) the repayment of grant;

(b) the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant;

(c) the payment of interest on sums due to the Secretary of State; or

(d) the keeping of such records and accounts, and the provision to the Secretary of State of such information, documents, returns and accounts as the Secretary of State may from time to time require.

(3) The Secretary of State may determine to withdraw a requirement imposed under this regulation or, after consulting the person upon whom it is imposed, vary such a requirement.

Tessa Blackstone

Minister of State,

Department for Education and Employment

8th March 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations authorise the Secretary of State to pay grants in respect of expenditure on measures designed to promote partnership or co-operation in the provision of education for persons over compulsory school age. Grant is payable at 100% of approved expenditure and the regulations provide for the payment of grant to be dependent on conditions and for a person to whom grant is paid to comply with requirements in each case determined by the Secretary of State.

(1)

1996 c. 56.