F245B[F1 Power of Secretary of State to set minimum schools budget for LEA][F1Power of Assembly to set minimum schools budget for LEA in Wales]E+W
[F1(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 [F3schools budget deadline in the financial year preceding that financial year], give the authority a notice under subsection (4) or (5).
(2)If at the [F4schools 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 [F5that 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.]
[F1(1)If it appears to the National Assembly for Wales that, in all the circumstances, the proposed amount of a local education authority's schools budget for a funding period is inadequate, the Assembly may, within the period of fourteen days beginning with the schools budget deadline in the funding period preceding that funding period, give the authority a notice under subsection (6) or (7).
(2)In subsection (1), the reference to the proposed amount of a local education authority's schools budget for a funding period is—
(a)if section 45AB is in force in relation to that funding period, a reference to the amount specified in a notice under section 45AB(1)(b), or
(b)if regulations under section 45AC(1) are in force in relation to that funding period, a reference to such amount, determined by the authority in accordance with those regulations and specified in a notice required by those regulations to be given to the Assembly, as may be prescribed.
(3)If at the schools budget deadline in any funding period, a local education authority in Wales have failed to give the Assembly a notice under section 45AB(1)(b) or a notice required as mentioned in subsection (2)(b), the Assembly may, at any time after that deadline, give the authority a notice under subsection (6) or (7).
(4)In this section “the schools budget deadline”—
(a)in a case falling within subsection (2)(a), has the same meaning as in section 45AB, and
(b)in a case falling within subsection (2)(b), means the time in the funding period preceding the funding period to which the schools budget relates by which regulations under section 45AC(1) require notice of a revised determination of the schools budget to be given to the Assembly.
(5)In this section and section 45C “the period under consideration” means the funding period to which the notice mentioned in subsection (2)(a) or (b) relates or, in a case falling within subsection (3), the funding period in relation to which such a notice ought to have been given.
(6)A notice under this subsection is a notice determining the minimum amount of the authority's schools budget for the period under consideration.
(7)A notice under this subsection is a notice which—
(a)specifies the amount which the Assembly would have determined as the minimum amount of the authority's schools budget for the period under consideration if the Assembly had acted under subsection (4), and
(b)states the Assembly's intention to determine the minimum amount of the authority's schools budget for the following funding period.
(8)A notice under subsection (6) or (7) must include a statement of the Assembly's reasons for giving the notice.
(9)The Assembly may act under different subsections in relation to different authorities.]
Textual Amendments
F1Ss. 45B-45D substituted for ss. 45B, 45C (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 5 (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(d)
F2Ss. 45B, 45C inserted (1.10.2002 for E., 4.12.2003 for W.) by Education Act 2002 (c. 32), ss. 42, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/2961, art. 5, Sch. Pt. II
F3Words in s. 45B(1) substituted (18.11.2003 for E., 27.11.2003 for W.) 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.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F4Words in s. 45B(2) substituted (18.11.2003 for E., 27.11.2003 for W.) 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.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I
F5Words in s. 45B(2) substituted (18.11.2003 for E., 27.11.2003 for W.) 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.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I