Education Reform Act 1988

Grants E+W

209 Grants in respect of mandatory awards. E+W

(1) For each financial year beginning after the day on which this subsection comes into force the Secretary of State shall pay to each local education authority a grant equal to the aggregate amount paid in that year by the authority under section 1(1) of the Education Act 1962 (awards for persons attending first degree courses and comparable courses).

(2) Payments of grants under subsection (1) above shall be made at such times as the Secretary of State may, with the consent of the Treasury, determine.

Modifications etc. (not altering text)

C1 S. 209 extended and restricted by S.I. 1990/773, art. 2

210 Grants for the education of travellers and displaced persons. E+W

(1) The Secretary of State may by regulations provide for the payment to local education authorities [F1 or institutions within the further education sector] of grants in respect of expenditure incurred or to be incurred by them in making provision the purpose (or main purpose) of which is to promote and facilitate the education of persons to whom this subsection applies. M1

(2) Subsection (1) above applies to a person if—

(a) by reason of his way of life or, in the case of a child, his parent’s way of life he either has no fixed abode or leaves his main abode to live elsewhere for significant periods in each year;

(b) he fell within paragraph (a) above within a prescribed period immediately preceding the making of the provision in question; or

(c) he is for the time being resident in a camp or other accommodation or establishment provided for refugees or for displaced or similar persons.

(3) Regulations under subsection (1) above may—

(a) prescribe classes or descriptions of expenditure in respect of which grants are payable under the regulations;

(b) provide for the determination of the amount of any grant so payable;

(c) provide for the payment of any such grant to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations; and

(d) provide for requiring local education authorities [F1 or institutions within the further education sector] to whom payments have been made under the regulations to comply with such requirements as may be so determined.

Textual Amendments

F1 Words in s. 210(1)(3)(d) inserted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para.46; S.I. 1992/831, art. 2, Sch.3.

Marginal Citations

M1 1962 c. 12.

211 Grants in respect of special provision for immigrants E+W

The power conferred by section 11 of the M2 Local Government Act 1966 shall apply in relation to the payment of grants by the Secretary of State to—

(a) the governing body of a grant-maintained school;

(b) any person who in pursuance of undertakings under an agreement under section 105 of this Act maintains and carries on or provides for the carrying on of an independent school known either as a city technology college or as a city college for the technology of the arts; or[F2 (ba) the governing body of an institution within the further education sector]

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

who, in his opinion, make special provision in consequence of the presence within the locality of the school or the institution of substantial numbers of such immigrants as are described in section 11 of that Act as it applies in relation to the payment of grants to a local authority who in his opinion are required to make such provision in exercise of any of their functions in consequence of the presence within their area of substantial numbers of such immigrants.

Textual Amendments

F2 S. 211(ba) inserted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 47(a); S.I. 1992/831, art. 2, Sch.3.

F3 S. 211(c) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 47(b), Sch.9; S.I. 1992/831, art. 2, Sch.3.

Modifications etc. (not altering text)

C2 S. 211 (1)(ba) modified (1.4.1993) by S.I. 1993/563, art. 2, Sch.1

C3 S. 211 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.

C4 S. 211 applied (with modifications) (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I.

Marginal Citations

M2 1966 c. 42.

212 Grants relating to aided or special agreement schools. E+W

(1) The Secretary of State may pay grants to the governing body of any aided school or special agreement school in respect of any preliminary expenditure incurred by them for the purposes of any scheme for the transfer of the school to a new site or the enlargement or alteration of the school premises.

(2) Where any persons propose or are considering whether to propose—

(a) that a school established by them, or by persons whom they represent, should be maintained by a local education authority as an aided school; or

(b) that a school which may be so established should be so maintained;

the Secretary of State may pay grants to them in respect of any preliminary expenditure incurred by them for the purposes of any scheme for the provision of a site for the school or of any buildings which would be school buildings.

(3) Grants under subsection (1) or (2) above may be paid in respect of any such scheme as is mentioned in that subsection whether or not—

(a) the details of any such scheme had been formulated at the time the expenditure was incurred;

(b) where such details were not formulated at that time, they are subsequently formulated;

(c) the governing body or persons in question had determined to proceed with any such scheme at that time; or

(d) where the governing body or persons had not determined so to proceed at that time, they subsequently determine to proceed with any such scheme.

(4) Expenditure in respect of which such grants are payable includes, in particular, costs incurred in connection with—

(a) the preparation of plans and specifications for any proposed construction, enlargement or alteration of buildings which are or would be school buildings; and

(b) estimating the sums which would be expended if any such works were carried out;

but does not include any sums expended in carrying out any such works.

(5) A grant under subsection (1) or (2) above shall not exceed 85 per cent. of the expenditure in respect of which it is paid.

(6) Where—

(a) a grant is paid under subsection (1) above in the case of any school; or

(b) a grant is paid under subsection (2) above in the case of any school which becomes, or is established as, a voluntary school;

the grant shall for the purposes of section 14 of the 1944 Act or section 98 of this Act be treated as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the school premises.

213 Grants: miscellaneous. E+W

(1) The Secretary of State [F4 , the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster]may by regulations provide for the payment of grants to bodies other than local education authorities whose object or main object is, in his opinion, the promotion of learning or research.

(2) Regulations under subsection (1) above may provide—

(a) for the payment of any such grant to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations; and

(b) for requiring bodies to whom payments have been made under the regulations to comply with such requirements as may be so determined.

(3) In section 100(1)(b) of the 1944 Act (grants to persons other than local education authorities) for the words “for the purposes of educational services provided by them or on their behalf or under their management" there shall be substituted the words “by them for the purposes of, or in connection with, the provision (or proposed provision) of educational services".

Textual Amendments

F4 Words in s. 213(1) inserted (6. 7. 1992) by S.I. 1992/1296, art. 6(1), Sch. para. 6(1).

Modifications etc. (not altering text)

C5 S. 213(1): functions of the Secretary of State made exercisable concurrently (6. 7. 1992) by S.I. 1992/1296, arts. 2(3)(b), 3.