Part IINew framework for maintained schools
Chapter IVFinancing of maintained schools
Financial delegation
49Maintained schools to have delegated budgets
1
Every maintained school shall have a delegated budget.
2
A new school shall have a delegated budget as from the school opening date, unless a different date applies by virtue of subsection (3).
3
Such a school shall have a delegated budget—
a
as from a date earlier than the school opening date if the local education authority so determine; or
b
as from a later date if the authority so determine with the written approval of the Secretary of State; or
c
as from such date as the Secretary of State may determine, if the authority have determined that the school should have a delegated budget as from a later date but that date is not approved by him.
4
Subject to—
a
section 50 (right of governing body to spend budget share where school has a delegated budget),
b
paragraph 4 of Schedule 15 (power of governing body to spend amounts out of budget share where delegation of budget suspended),
c
section 489(2) of the [1996 c. 56.] Education Act 1996 (education standards grants), and
d
any provisions of the scheme,
a local education authority may not delegate to the governing body of any maintained school the power to spend any part of the authority’s local schools budget.
5
Any amount made available by a local education authority to the governing body of a maintained school (whether under section 50 or otherwise)—
a
shall remain the property of the authority until spent by the governing body or the head teacher; and
b
when spent by the governing body or the head teacher, shall be taken to be spent by them or him as the authority’s agent.
6
Subsection (5)(b) does not apply to any such amount where it is spent—
a
by way of repayment of the principal of, or interest on, a loan, or
b
(in the case of a voluntary aided school) to meet expenses payable by the governing body under paragraph 3(1) or (2) of Schedule 3 or paragraph 14(2) of Schedule 6.
7
In this Part—
a
references to a school having a delegated budget are references to the governing body of the school being entitled to manage the school’s budget share; and
b
where a school has a delegated budget the governing body are accordingly said to have a right to a delegated budget.