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Self-Governing Schools etc. (Scotland) Act 1989

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57 Financing of college councils and financial information.S

(1)Every education authority shall, in respect of each financial year, before the beginning of that financial year, and in accordance with regulations made under subsection (2) below, determine for each college council in their area, after consultation with the council, what sum of money within the authority’s budget is required by the council for—

(a)carrying out any functions delegated to the council by a delegation scheme made under section 56 of this Act; and

(b)meeting the administrative expenses and other outgoings of the council.

(2)Regulations made by the Secretary of State under this subsection may include provision—

(a)as to the rules in accordance with which the determination mentioned in subsection (1) above is to be carried out;

(b)as to the extent to which a college council may retain any income or gift received by them;

(c)as to the extent to which any income of the college council may be taken into account by the education authority in making the determination described in subsection (1) above; and

(d)in respect of—

(i)the manner in which any surplus or deficit in the income and expenditure of a college council in any financial year is to be calculated; and

(ii)whether and, if so, to what extent the education authority are to take any such surplus or deficit into account in the determination made by them under subsection (1) above.

(3)An education authority shall make available to each college council in their area the money determined under this section for that council at such times as that money is required.

(4)Subject to any regulations made under subsection (2) above, if, during any financial year, it appears to an education authority appropriate to do so, they may—

(a)increase; or

(b)reduce,

the sum determined under this section for any college council.

(5)An education authority shall in each financial year, by such date and in such form as may be prescribed, provide to every college council in their area a statement of—

(a)money paid out by the authority in the previous financial year in respect of—

(i)the running costs of the college; and

(ii)capital expenditure related to that college; and

(b)money proposed to be paid out for those purposes by the authority in the financial year in which the statement is made.

(6)Without prejudice to section 58(5) of this Act, an education authority shall comply with any reasonable request from a college council for information relating to past, or proposed future, expenditure in respect of that college, whether or not the information sought relates to functions which have been delegated to that council.

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