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5.—(1) Section 247 of the 1996 Act shall in that connection have effect as if—
(a)in subsections (1) and (2)(b), in relation to requirements imposed on or after 1st April 1999, for references to “the funding authority” there were substituted references to “the Secretary of State”;
(b)or subsection (3)(b) there were substituted—
“(b)may at any time be varied by the Secretary of State;”;
(c)subsection (4) were omitted;
(d)for subsection (5) there were substituted—
“(5) Requirements imposed under subsection (1) may at any time be waived or removed by the Secretary of State.”; and
(e)in subsection (6) for “the funding authority” there were substituted in “the Secretary of State”.
(2) Requirements imposed by the funding authority pursuant to section 247 of the 1996 Act shall have effect as if references to the funding authority were references to the Secretary of State.
(3) In relation to requirements imposed on or after 1st April 1999, references in—
(a)regulations 38(2), 41(2)(b), (3) and (4) of, and paragraph 4 of Schedule 4 to, the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1998(1); and
(b)regulations 26(2), 29(2)(b), (3) and (4) of, and paragraph 4 of Schedule 2 to, the Education (New Grant-maintained Schools) (Finance) Regulations 1998(2), to “the funding authority” shall have effect as if they were references to “the Secretary of State”.
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