Part VIII Grants and other financial matters

Grants

C1C2C3C9484F1Education standards grants.

1

The F6National Assembly for Wales may pay grants, known as F2education standards grants, to F19local authoritiesF7in 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 F6National Assembly for Wales that F19local authorities should be encouraged to incur in the interests of education in F8... Wales.

3

The regulations shall provide that F3any 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 F13local authority in a financial year to the extent to which that expenditure is approved for that year by the F6National 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 F3any education standards grant.

5

The regulations may provide for expenditure incurred or to be incurred by any F13local 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 F13local authority) to be treated, in such circumstances as may be specified in the regulations, as eligible expenditure.

F96

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7

Nothing in section 29(1) or 507 applies in relation to any function of the F6National Assembly for Wales under this section or under section 489 so far as it relates to regulations under this section; and nothing in F16sections 495 to 497F16section 495 or in Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 applies in relation to any function arising by virtue of section 489 so far as it relates to such regulations.

485 Grants in aid of educational services or research.

Regulations shall make provision for the payment by the Secretary of State to persons other than F19local 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.

F21486 Grants to bodies whose objects are promotion of learning or research.

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F21487 Grants for education in Welsh.

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F21488 Grants for education of travellers and displaced persons.

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

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 F13local authority in question to delegate decisions about the spending of—

a

F4education 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.

F12490 Grants in respect of special provision for ethnic minorities.

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Payment of fees etc.

F17491 Payment of school fees and expenses.

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Recoupment

F11C10492 Recoupment: adjustment between F19local authorities.

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C4493 Recoupment: cross-border provisions.

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 F13local authority and the other an education authority in Scotland.

F152

Subsection (3) of section 207 of the Education Act 2002 (recoupment: adjustment between F19local authorities) shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the reference to the National Assembly for Wales.

2A

The regulations may provide for the amounts payable by one authority to another, in such cases as may be specified by or under the regulations, to be such amounts as may be determined by the Secretary of State.

3

Any question concerning the connection of any person with the area of a particular F13local 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.

C8C6C5C7F5494 Recoupment: excluded pupils.

1

Subsection (2) applies where a pupil is permanently excluded from any school maintained by a F13local authority (“the old authority”) and, in the F18funding period in which the exclusion first takes effect, he is subsequently provided with education by another F13local 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 F10funding period , such amount, if any, as is payable in accordance with regulations.

3

Where a pupil is permanently excluded from any school maintained by a F13local authority and, in the F20funding period in which the exclusion first takes effect, the following events subsequently occur—

a

he is first provided by another F13local 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 F13local 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 F13local 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.

F146

In this section “funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.