F1Part I
C1Chapter III Finance and Staff
Provisions of Pt. I Ch. III (other than ss. 33, 49 and Sch. 4) modified (25. 2. 1992) by S.I. 1992/164, reg. 2(3).
Pt. I Ch. III applied (with modifications) (1.1.1994) by S.I. 1993/3104, reg.2(2)
Pt. I Ch. III extended (1.1.1994) by 1993 c. 35, s. 215(4); S.I. 1993/3106, art. 4, Sch. 1 (as amended by S.I. 1994/436, art.2).
Pt. I Ch. III applied (1.1.1994) by 1993 c. 35, s. 215(5); S.I. 1993/3106, art. 4, Sch. 1 (as amended by S.I. 1994/436, art.2).
Pt. I Ch. III modified (temp.) (31.12.1995) by S.I. 1995/3114, regs.2, 3, 5, 6, 7, 8.
Pt. I Ch. III modified (31.12.1995) by S.I. 1995/3114, regs.4, 7.
Financing of schools maintained by local education authorities
C234 Preparation and imposition of schemes.
1
A scheme prepared by a local education authority under section 33 of this Act shall be submitted to the Secretary of State on or before such date as the Secretary of State may by order direct, either generally or in relation to any local education authority, or any class or description of such authorities, specified in the order.
2
In preparing a scheme under that section a local education authority shall take into account any guidance given by the Secretary of State (whether generally or in relation to that authority or to any class or description of local education authorities to which that authority belongs) as to the provisions he regards as appropriate for inclusion in the scheme.
3
The Secretary of State shall publish any guidance given by him for the purposes of this section in such manner as he thinks fit.
F24
Before preparing such a scheme a local education authority shall consult—
a
the governing body and the head teacher of every county, voluntary or special school maintained by the authority,
b
the governing body of every grant-maintained school in the area of the authority, and
c
the governing body of every grant-maintained special school which—
i
is established under section 183 of the Education Act 1993 in the authority’s area, or
ii
before becoming a grant-maintained special school was a special school maintained by the authority,
but the Secretary of State may, by notice in writing to the authority, dispense with the duty imposed under paragraphs (b) and (c) above in respect of such schools, or class or description of schools, as are specified in the notice.
5
Such a scheme shall not come into force until it has been approved by the Secretary of State or until such date as the Secretary of State may, in giving his approval, specify; and the Secretary of State may approve such a scheme—
a
either without modifications or with such modifications as he thinks fit after consulting the authority concerned; and
b
subject to such conditions as he may specify in giving his approval.
6
If in the case of any local education authority either—
a
the authority fail to submit a scheme as required by subsection (1) above; or
b
it appears to the Secretary of State that a scheme submitted by the authority as required by that subsection does not accord with any guidance given by him for the purposes of this section and cannot be made to do so merely by modifying it;
he may, after consulting the authority and such other persons as he thinks fit, impose a scheme making such provision of a description required to be made by a scheme under section 33 of this Act in relation to the financing by the authority of county and voluntary schools as he considers appropriate.
7
A scheme imposed by the Secretary of State by virtue of subsection (6) above—
a
shall be treated as if made under section 33 by the local education authority concerned; and
b
shall come into force on such date as may be specified in the scheme.
Pt. I (ss. 1-119) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I, Sch. 39.