Education Act 1996

Part VIII E+W+S Grants and other financial matters

Grants E+W

484 [F1 Education standards grants.] E+W

(1) The [F2 National Assembly for Wales] may pay grants, known as [F3 education standards grants,] to local education authorities [F4 in Wales] in respect of eligible expenditure incurred or to be incurred by them.

(2) In this section “eligible expenditure” means expenditure of any class or description for the time being specified in regulations, being expenditure for or in connection with educational purposes which it appears to the [F2 National Assembly for Wales] that local education authorities should be encouraged to incur in the interests of education in [F5 England and] Wales.

(3) The regulations shall provide that [F6 any education standards grant] payable in pursuance of the regulations—

(a) shall only be payable in respect of eligible 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 [F2 National Assembly for Wales] for the purposes of the regulations, and

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

(4) The regulations may provide for the time and manner of payment of [F6 any education standards grant].

(5) The regulations 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 eligible expenditure.

(6) [F7 The [F2 National Assembly for Wales] may exercise his power under subsection (1) separately and differently in relation to local education authorities in England and local education authorities in Wales, and “education in England and Wales” in subsection (2) shall be construed accordingly.]

(7) Nothing in section 29(1) or 507 applies in relation to any function of the [F2 National Assembly for Wales] under this section or under section 489 so far as it relates to regulations under this section; and nothing in sections 495 to 497 applies in relation to any function arising by virtue of section 489 so far as it relates to such regulations.

Textual Amendments

F1 S. 484 sidenote substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 125(c) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1

F2 Words in s. 484 substituted (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 49(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

F3 Words in s. 484(1) substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 125(a) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1

F4 Words in s. 484(1) inserted (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 49(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

F5 Words in s. 484(2) repealed (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 49(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

F6 Words in s. 484(3)(4) substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 125(b) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1

F7 S. 484(6) repealed (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 49(5), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

Modifications etc. (not altering text)

C1 S. 484 extended (E.) (1.9.2001) by S.I. 2001/2897, reg. 23

C2 S. 484: power to extend conferred (1.10.1998) by 1998 c. 30, s. 19(8) (with s. 42(8)); S.I. 1998/2215, art. 2

C3 S. 484 amended (1.10.1998) by 1998 c. 31, s. 7(10) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

C4 S. 484 restricted (prosp.) by Education Act 2002 (c. 32), ss. 18(2), 216(4) (with ss. 210(8), 214(4))

485 Grants in aid of educational services or research. E+W

Regulations shall make provision for the payment by the Secretary of State to persons other than local education authorities of grants in respect of expenditure incurred or to be incurred by them—

(a) for the purposes of, or in connection with, the provision (or proposed provision) of educational services, or

(b) for the purposes of educational research.

486 Grants to bodies whose objects are promotion of learning or research. E+W

Regulations may provide for the payment of grants to bodies other than local education authorities whose object or main object is, in the opinion of the Secretary of State, the promotion of learning or research.

487 Grants for education in Welsh. E+W

Regulations shall make provision for the payment by the Secretary of State to local education authorities and other persons of grants in respect of expenditure incurred or to be incurred in, or in connection with, the teaching of the Welsh language or the teaching in that language of other subjects.

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

(1) Regulations may make provision for the payment to local education authorities 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 section applies.

(2) This section 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) 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) The regulations may—

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

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

489 Conditions as to payment of grants under sections 484 to 488. E+W

(1) Regulations made under any of sections 484 to 488 may provide—

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

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

(2) Conditions and requirements determined under subsection (1)(a) and (b) by or in accordance with regulations made under section 484 may include conditions and requirements obliging the local education authority in question to delegate decisions about the spending of—

(a) [F8 education standards grant,] and

(b) amounts allocated by the authority to meet eligible expenditure (within the meaning of that section) which is approved by the Secretary of State,

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

(3) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to or regulating any institution that—

(a) provides or is concerned in the provision of educational services, or

(b) is concerned in educational research,

as, after consultation with the persons responsible for the management of the institution, appear to him to be requisite to enable them to fulfil any condition or meet any requirement imposed by regulations under section 485.

(4) Any modification made by an order under subsection (3) may be made to have permanent effect or to have effect for such period as may be specified in the order.

Textual Amendments

F8 Words in s. 489(2)(a) substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.126 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1.

490 Grants in respect of special provision for ethnic minorities. E+W

(1) Where subsection (2) applies, the power conferred by section 11 of the M1 Local Government Act 1966 (grants in respect of ethnic minority population) shall apply in relation to the payment of grants by the Secretary of State to—

F9 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a person who in pursuance of undertakings under an agreement under section 482 maintains and carries on, or provides for the carrying on of, a city technology college [F10 , a city college for the technology of the arts or a city academy] of the arts,

as it applies in relation to the payment of grants to a local authority who in his opinion are required to make special provision in exercise of any of their functions in consequence of the presence within their area of such persons as are referred to in section 11 of that Act.

(2) This subsection applies if, in the Secretary of State’s opinion, special provision is made by the governing body or person in question in consequence of the presence within the locality of the school [F11 , college or academy] of such persons as are referred to in section 11 of that Act.

Textual Amendments

F9 S. 490(1)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 127, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F10 Words in s. 490(1)(b) substituted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 58(2) (with s. 150)

F11 Words in s. 490(2) substituted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 58(3) (with s. 150)

Marginal Citations

M1 1966 c. 42.

Payment of fees etc. E+W

491 Payment of school fees and expenses. E+W

(1) Regulations shall make provision for the payment by the Secretary of State, for the purpose of enabling pupils to take advantage without hardship to themselves or their parents of any educational facilities available to them, of the whole or any part of the fees and expenses payable in respect of children attending schools at which fees are payable.

(2) Regulations under this section may provide—

(a) for the making of payments under the regulations to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations, and

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

Recoupment E+W+S

492 Recoupment: adjustment between local education authorities. E+W

(1) Regulations may provide, in relation to cases where any provision for education to which this section applies is made by a local education authority in respect of a person who belongs to the area of another local education authority, for requiring or authorising the other authority to pay to the providing authority—

(a) such amount as the authorities may agree, or

(b) failing agreement, such amount as may be determined by or under the regulations.

(2) This section applies to primary education, secondary education and further education and to part-time education for those who have not attained [F12 compulsory school age].

(3) The regulations may provide for the amounts payable by one authority to another—

(a) to reflect the whole or any part of the average costs incurred by local education authorities in the provision of education (whether in England and Wales as a whole or in any particular area or areas); and

(b) to be based on figures for average costs determined by such body or bodies representing local education authorities, or on such other figures relating to costs so incurred, as the Secretary of State considers appropriate.

(4) The regulations may provide for the amounts so payable, in such cases as may be specified in or determined in accordance with the regulations, to be such amounts as may be determined by the Secretary of State.

(5) Any dispute between local education authorities as to whether one of them is entitled to be paid any amount by another under the regulations shall be determined by the Secretary of State.

(6) In this section—

(a) references to provision for education include provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education; and

(b) “further education” does not include further education of a kind such that expenditure on its provision would fall within paragraph 6 of Schedule 10 to the M2 Local Government, Planning and Land Act 1980.

Textual Amendments

F12 Words in s. 492(2) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para.36; S.I. 1998/386, art. 2(3), Sch. 1 Pt.III.

Modifications etc. (not altering text)

C5 Ss. 492-495: power to exercise functions modified (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

Marginal Citations

M2 1980 c. 65.

493 Recoupment: cross-border provisions. E+W+S

(1) Regulations may make provision requiring or authorising payments of amounts determined by or under the regulations to be made by one authority to another where—

(a) the authority receiving the payment makes, in such cases or circumstances as may be specified in the regulations, provision for education in respect of a person having such connection with the area of the paying authority as may be so specified, and

(b) one of the authorities is a local education authority and the other an education authority in Scotland.

(2) Subsections (3) and (4) of section 492 shall apply for the purposes of this section as they apply for the purposes of that section.

(3) Any question concerning the connection of any person with the area of a particular local education authority or education authority shall be decided in accordance with the regulations.

(4) In subsection (1) “provision for education” includes provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.

Modifications etc. (not altering text)

C6 Ss. 492-495: power to exercise functions modified (1.7.1999) by S.I. 1999/120, art. 5, Sch. 2

[F13 494 Recoupment: excluded pupils. E+W

(1) Subsection (2) applies where a pupil is permanently excluded from any school maintained by a local education authority (“the old authority”) and, in the financial year in which the exclusion first takes effect, he is subsequently provided with education by another local education authority (“the new authority”), whether at a school maintained by that authority or otherwise than at school.

(2) The old authority shall pay to the new authority, in connection with the provision of education for that pupil in that financial year, such amount, if any, as is payable in accordance with regulations.

(3) Where a pupil is permanently excluded from any school maintained by a local education authority and, in the financial year in which the exclusion first takes effect, the following events subsequently occur—

(a) he is first provided by another local education authority (“the intermediate authority”) with education in a pupil referral unit or otherwise than at school, and

(b) at any time afterwards he is provided with education by a local education authority other than the intermediate authority (“the last authority”), whether at a school maintained by that authority or otherwise than at school,

then, in connection with the provision of the education mentioned in paragraph (b), subsection (2) shall apply to the intermediate authority and the last authority as if they were an old authority and a new authority respectively.

(4) Any dispute as to whether any local education authority are entitled to be paid any amount under this section by any other such authority shall be determined by the Secretary of State.

(5) Regulations may prescribe the time when the permanent exclusion of a pupil is to be regarded as taking effect for the purposes of this section.]

Textual Amendments

F13 S. 494 substituted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.128 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(4), Sch.1 Pt. IV.

Modifications etc. (not altering text)

C7 Ss. 492-495: power to exercise functions modified (1.7.1999) by S.I. 1999/120, art. 5, Sch. 2

C8 S. 494 modified (20.11.1998) by S.I. 1998/2670, art.8.

C9 S. 494: functions transferred (prosp.) by Education Act 2002 (c. 32), ss. 208(2)(3), 216(4)