Part IIE+W New framework for maintained schools

Chapter IVE+W Financing of maintained schools

Budgetary frameworkE+W

[F145C Effect of notice under section 45B(4)E+W

(1)The local education authority may, within the period of fourteen days beginning with the date of a notice under section 45B(4), give the Secretary of State notice of their objection to his determination, giving reasons for their objection.

(2)Where the local education authority have given notice of their objection under subsection (1), the notice under section 45B(4) shall cease to have effect, but the Secretary of State may by order prescribe the minimum amount of the authority’s schools budget for the year under consideration.

(3)The amount prescribed under subsection (2) must not be greater than the amount specified in the notice under section 45B(4).

(4)An order under subsection (2) may relate to two or more authorities.

(5)No order under subsection (2) may be made in relation to one or more authorities in England unless a draft of the order has been laid before and approved by a resolution of the House of Commons.

(6)Where—

(a)a notice under section 45B(4) has been given to a local education authority and no notice of objection has been given during the period specified in subsection (1), or

(b)an order has been made under subsection (2),

the local education authority shall determine a schools budget for the year under consideration which is not less than the amount specified in relation to the authority in the notice or order.]

Textual Amendments

F1Ss. 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.)