School Standards and Framework Act 1998

[F1 45B Power of Secretary of State to set minimum schools budget for LEA E+W

(1) If it appears to the Secretary of State that, in all the circumstances, the amount proposed in a notice under section 45A(5) as a local education authority’s schools budget for a financial year is inadequate, the Secretary of State may, within the period of fourteen days beginning with the [F2 day on which the notice was given] [F2 schools budget deadline in the financial year preceding that financial year], give the authority a notice under subsection (4) or (5).

(2) If at the [F3 end of January] [F3 schools budget deadline] in any financial year a local education authority have failed to give the Secretary of State a notice under section 45A(5) in relation to their schools budget for the following financial year, the Secretary of State may, at any time after [F4 the end of that January] [F4 that deadline], give the authority a notice under subsection (4) or (5).

(3) In this section and section 45C “the year under consideration” means the financial year to which the notice under section 45A(5) relates or, in a case falling within subsection (2), the financial year in relation to which such a notice ought to have been given.

(4) A notice under this subsection is a notice determining the minimum amount of the authority’s schools budget for the year under consideration.

(5) A notice under this subsection is a notice which—

(a) specifies the amount which the Secretary of State would have determined as the minimum amount of the authority’s schools budget for the year under consideration if he had acted under subsection (4), and

(b) states the Secretary of State’s intention to determine the minimum amount of the authority’s schools budget for the following financial year.

(6) A notice under subsection (4) or (5) must include a statement of the Secretary of State’s reasons for giving the notice.

(7) The Secretary of State may act under different subsections in relation to different authorities.]

Textual Amendments

F1 Ss. 45B, 45C inserted (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c.32), ss. 42, 216 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)

F2 Words in s. 45B(1) substituted (18.11.2003 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 66(5); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.)

F3 Words in s. 45B(2) substituted (18.11.2003 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 66(6)(a); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.)

F4 Words in s. 45B(2) substituted (18.11.2003 for E.) by Local Government Act 2003 (c. 26), s. 128(6), Sch. 7 para. 66(6)(b); S.I. 2003/2938, art. 3(a) (with art. 8, Sch.)