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.