SCHEDULES
SCHEDULE 32 Transitional provisions and savings
Part I Funding
Deferment of governing body’s right to delegated budget
5
1
A maintained school falling within section 49(1) shall not have a delegated budget as from the day on which section 49 comes into force if—
a
b
that suspension has not been previously revoked with effect from that or any earlier day.
2
Such a school shall, however, have a delegated budget as from the day with effect from which that suspension is revoked.
3
The Secretary of State may by order determine that a relevant school shall not have a delegated budget as from the day on which section 49 comes into force where he considers that it would not be expedient for the school to have such a budget as from that day for reasons connected with—
a
the financial position, or
b
the financial management,
of the school.
4
Where the Secretary of State makes an order under sub-paragraph (3) in relation to a school—
a
for the purposes of Part II of this Act the right of the governing body to a delegated budget shall be treated as if it had been suspended by the local education authority under paragraph 1 of Schedule 15 on the day on which section 49 comes into force;
b
paragraphs 2 to 4 (but not 3(1)(a)) of that Schedule shall apply to any such suspension; and
c
the school shall have a delegated budget as from the day with effect from which that suspension is revoked.
5
Any reference in any of sections 54 to 57 to any suspension of a school’s delegated budget under Schedule 15 includes a reference to—
C1a
any suspension of a school’s delegated budget by virtue of sub-paragraph (1); and
b
(in accordance with sub-paragraph (4)), any such suspension by virtue of sub-paragraph (3).
6
Where the day on which section 49 comes into force is earlier than the day appointed under section 20(7) any reference in this paragraph to a maintained school is a reference to a school which is (within the meaning of the M3Education Act 1996)—
a
a school maintained by a local education authority, or
b
a grant-maintained or grant-maintained special school,
and to which section 49 applies in accordance with regulations under section 144(1).
7
In this paragraph—
a
“relevant school” means a maintained school which immediately before the day on which section 49 comes into force was a grant-maintained or grant-maintained special school within the meaning of the M4Education Act 1996; and
b
references to a school having a delegated budget or to a governing body’s right to such a budget shall be construed in accordance with section 49(7).