The Education (Grant) Regulations 1990

PART III SUPPLEMENTAL

Conditions of Payment

17.  The making of payments of grant or by way of loan shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State in the case in question.

Requirements to be observed

18.—(1) The persons to whom payments of grant or by way of loan are made shall comply with such requirements (including requirements as to the repayment of grant or the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant or interest on sums due to him) as may be specified by the Secretary of State in the case in question.

(2) Without prejudice to the generality of paragraph (1), the persons to whom payments of grant are made–

(a) shall keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require;

(b) shall open to the inspection of the Comptroller and Auditor General the records and accounts kept pursuant to the requirement imposed under sub-paragraph (a) above;

(c) shall, where grant has been paid in respect of expenditure to be incurred and the expenditure or part of it is not incurred, repay on application made in that behalf by the Secretary of State the grant paid or the proportionate part thereof;

(d) shall not, where grant has been paid in respect of capital expenditure incurred or to be incurred, dispose of any, or any part of any, asset in respect of which the grant was paid except with the written consent of the Secretary of State and, where any such asset is disposed of, shall pay to the Secretary of State on application made by him such sum as appears to him to represent the value of the asset at the date of its disposal or such lesser sum as may be specified in his application;

(e) shall open or cause to be opened to inspection by a person being either one of Her Majesty’s Inspectors appointed under section 77 of the Education Act 1944 or a person authorised for the purposes hereof by the Secretary of State–

(i) where grant has been paid to the governing body of an educational institution, that institution;

(ii) where grant has been paid in respect of any educational service or educational research, any premises or other thing used for the purposes of that service or research,

and shall afford to any such person all the facilities he requires for making his inspection.

(3) In this Regulation references to the disposal of an asset include, in the case of land, the granting of any interest in land.

Transitional exemption orders for the purposes of the Sex Discrimination Act 1975

19.—(1) This regulation applies in the case of an institution in respect of which grants are payable under regulation 8 which is–

(a) a single-sex establishment within the meaning of section 26(1) of the Sex Discrimination Act 1975(1), and

(b) is designated under section 24(1) of that Act(2).

(2) On the application of the responsible body (within the meaning of section 27 of the said Act of 1975) of such an institution the Secretary of State may make a transitional exemption order authorising disciminatory admissions thereto during a period specified in the order.

(3) An application for such an order shall specify–

(a) the transitional period during which the applicants propose that discriminatory admissions should be authorised by the order;

(b) the stages by which the applicants propose to move to the position where section 22(b) of the said Act of 1975 is complied with, and

(c) any other matters relating to the terms and operation of the order applied for.

(1)

1975 c. 65.

(2)

Section 24 is amended by paragraph 73 of Schedule 12 to the Education Reform Act 1988.