Education (Grants and Awards) Act 1984 (repealed 1.11.1996)

Education (Grants and Awards) Act 1984

1984 CHAPTER 11

An Act to make provision for the payment of education support grants to local education authorities in England and Wales; and to amend section 1(3)(d) of the Education Act 1962 so as to refer to the higher national diploma of the Business & Technician Education Council instead of to the corresponding diplomas of the Councils there mentioned.

[12th April 1984]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act amended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 163(1), 231(7), 235(6)

C2 Act modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 236(2)(a), 231(7), 235(6)

C3 Act applied (provinces of Canterbury and York except Channel Islands and Isle of Man) (1. 8. 1991) by Diocesan Boards of Education Measure 1991( No. 2), s. 7(3);Archbishops' Instrument made 26.7.1991

Commencement Information

I1 Act not in force at Royal Assent; Act wholly in force 12.6.1984

Part I E+W Education Support Grants

1 Education support grants. E+W

(1) The Secretary of State may, in accordance with the provisions of this Part of this Act, make grants to be known as [F1 grants for education support and training].

(2) [F1 Grants for education support and training] shall be payable to local education authorities in England and Wales in respect of expenditure incurred or to be incurred by them of any class or description specified in regulations made by the Secretary of State under this section, being expenditure for or in connection with educational purposes which it appears to him that those authorities should be encouraged to incur in the interests of education in England and Wales.

(3) Regulations under this section shall provide that any [F1 grant for education support and training] payable in pursuance of the regulations—

(a) shall only be payable in respect of prescribed expenditure incurred or to be incurred by a local education authority in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State for the purposes of the regulations; and

(b) shall be payable at such rate, F2 . . . as may be specified in the regulations.

(4) Regulations under this section may provide—

(a) for the time and manner of payment of any [F1 grant for education support and training];

(b) that the payment of any such grant shall be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations;

(c) for requiring local education authorities to whom payments have been made in pursuance of the regulations to comply with such requirements as may be so determined.

[F3 (4A) Conditions and requirements determined under subsection (4)(b) and (c) above may include conditions and requirements obliging the local education authority to delegate decisions about the spending of—

(a) grant for education support and training, and

(b) amounts allocated by the authority to meet prescribed expenditure which is approved by the Secretary of State,

to such persons as may be determined by or in accordance with the regulations.]

(5) Regulations under this section may provide for expenditure incurred or to be incurred by any local education authority in making payments, whether by way of maintenance, assistance or otherwise, to any body or persons who incur expenditure for or in connection with educational purposes (including another local education authority) to be treated, in such circumstances as may be specified in the regulations, as prescribed expenditure.

(6) References in this section to prescribed expenditure are to expenditure of a class or description for the time being specified under subsection (2) above; and references in this section [F4 or section 2 below] to a financial year are to the period of twelve months ending with 31st March in any year.

(7) Any function of the Secretary of State under this section [F4 or section 2 below] may be exercised or performed separately and differently for England and for Wales, and any reference [F4 in those sections] to local education authorities in England and Wales, or otherwise relating to education in England and Wales, shall be construed accordingly.

Subordinate Legislation Made

P1 S. 1: s. 1 (with s. 3(4)), power exercised (23.12.1991) by S.I. 1991/2943

P2 S. 1: with earlier exercises of power, see Index to Government Orders

Textual Amendments

F1 Words in s. 1 substituted (3.3.1994) by 1993 c. 35, s. 278(2); S.I. 1994/507, art. 2(1), Sch.1

F2 Words in s. 1(3)(b) repealed (3.3.1994) by 1993 c. 35, ss. 278(3), 307(3), Sch. 21 Pt. II; S.I. 1994/507, art. 2(1), Sch.1 Appendix

F3 S. 1(4A) inserted (3.3.1994) by 1993 c. 35, s. 278(4); S.I. 1994/507, art. 2(1), Sch.1

F4 Words repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(4), 195(2), Sch. 12 Part II

2 F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F5 S. 2 repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 188, 194(4), Sch. 12 Part II

3 Regulations. E+W

(1) Any regulations under this Part of this Act shall be made by statutory instrument.

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A statutory instrument containing regulations under this Part of this Act, F7 . . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Regulations under this Part of this Act may make different provision for different cases or circumstances, and may contain such incidental, supplementary or transitional provisions as the Secretary of State thinks fit.

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate Legislation Made

P3 S. 3: for earlier exercises of power, see Index to Government Orders

P4 S. 3(4): s. 1 (with s. 3(4)), power exercised by S.I. 1991/2943

Textual Amendments

F6 S. 3(2)(5) repealed (3.3.1994) by 1993 c. 35, ss. 278(5), 307(3), Sch. 21 Pt. II; S.I. 1994/507, art. 2(1), Sch.1 Appendix

F7 Words in s. 3(3) repealed (3.3.1994) by 1993 c. 35, ss. 278(5), 307(3), Sch. 21 Pt. II; S.I. 1994/507, art. 2(1), Sch.1 Appendix

Part II E+W Awards

4 Amendment of s. 1(3)(d) of Education Act 1962. E+W

In section 1(3)(d) of the M1 Education Act 1962 (under which mandatory awards are payable in respect of attendance at full-time courses for the higher diploma of the Technician Education Council or for the higher national diploma of the Business Education Council), for the words from “for the higher diploma” onwards there shall be substituted the words “or for the higher national diploma of the body corporate known at the passing of the Education (Grants and Awards) Act 1984 as the Business & Technician Education Council.”

Marginal Citations

M1 1962 c. 12.

Part III E+W General

5 Expenses of Secretary of State. E+W

Any expenses incurred by the Secretary of State in consequence of this Act shall be paid out of money provided by Parliament.

6 Short title, commencement and extent. E+W

(1) This Act may be cited as the Education (Grants and Awards) Act 1984.

(2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

(3) This Act extends to England and Wales only.