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Education Act 1996, Section 246 is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Grant regulations may provide for the payment by the funding authority to the governing bodies of grant-maintained schools of grants (known as capital grants) in respect of expenditure of a capital nature, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies.
(2)The descriptions of expenditure which are to be regarded for the purposes of capital grant as expenditure of a capital nature shall be such as may be determined by or in accordance with the regulations.
(3)Where the governing body of a grant-maintained school include sponsor governors, the funding authority shall, if directed to do so by the Secretary of State, pay capital grant of such amount as may be specified in the directions in respect of such expenditure falling within subsection (1) as is incurred, or to be incurred, by the governing body for such purposes as may be specified in the directions.
(4)Before giving a direction under subsection (3), the Secretary of State shall consult the funding authority.
(5)A direction under subsection (3) may not be given after the end of the period of twelve months beginning—
(a)(in the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status which include sponsor governors on the incorporation date) with that date,
(b)(in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which include sponsor governors on the date of implementation of the proposals) with that date, and
(c)(in any other case) with the date when the instrument of government naming a person as the sponsor of the school came into effect.]
Textual Amendments
F1S. 246 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)
Modifications etc. (not altering text)
C1S. 246 modified (20.11.1998) by S.I. 1998/2670, reg. 7(1)
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