Statutory Instrument 1988 No. 328 (S.30)

      The Jordanhill School Grant Regulations 1988


      © Crown Copyright 1988

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STATUTORY INSTRUMENTS

1988 No. 328 (S.30)

EDUCATION, SCOTLAND

The Jordanhill School Grant Regulations 1988

Made 22nd February 1988
Laid before Parliament 7th March 1988
Coming into force 1st April 1988

    The Secretary of State, in exercise of the powers conferred on him by sections 73(c) and 74(1) of the Education (Scotland) Act 1980([1]), and of all other powers enabling him in that behalf, hereby makes the following Regulations:
    Citation and commencement
        1.    These Regulations may be cited as the Jordanhill School Grant Regulations 1988 and shall come into force on 1st April 1988.
    Interpretation
        2.    In these Regulations, except where the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them:—"accounts" means the accounts kept by the Company for each financial year;
      "the Company" means Jordanhill School, a company limited by guarantee and incorporated under the Companies Act 1985([6]);
      "financial year" means the 12 month period ending on 31st March each year;
      "the school" means Jordanhill School, Glasgow.
    Making of grants
        3.    Subject to the provisions of these Regulations, the Secretary of State may pay to the Company—
       (a) non-recurrent grants, being grants in aid of expenditure on the acquisition of land and buildings, on the erection, enlargement and improvement of buildings, the supply of equipment and furnishings, the provision and laying out of premises, including playing fields and other facilities for social activities and physical recreation, and generally on works of a permanent character; and
       (b) recurrent grants, being grants in aid of expenditure on the administration and maintenance of the school and connected purposes, including the employment of staff, provided he is satisfied as to the Company's financial stability, fitness to receive grants, and competence to manage the school.
    Determination and payment of grants
        4.—(1)  Grants under these Regulations shall be of such amount or at such rate and in respect of such period as the Secretary of State may determine.

        (2)  Grants under these Regulations may be paid as single payments or by instalments of such amounts and at such times as the Secretary of State may determine.
    Conditions applicable to all grants
        5.    The following conditions shall apply to the payment of all grants under these Regulations:—
       (a) the Company shall furnish such estimates of income and expenditure and such other information and returns to the Secretary of State as he may require;
       (b) the accounts shall be audited to the satisfaction of the Secretary of State, and the Company shall, if the Secretary of State intimates to it that he is not so satisfied, make such arrangements for the audit of its accounts as satisfy him; and
       (c) the Company shall submit to the Secretary of State, within three months after the end of the financial year or such longer period as the Secretary of State may approve-(i) a statement of the income which it has received and the expenditure which it has incurred in that year, which statement shall be certified by an auditor appointed by the Company and shall contain such information and shall be in such form as the Secretary of State may specify; and
         (ii) the accounts of the Company for that year.
    Additional condition of payment of non-recurrent grant
        6.    It shall also be a condition of the payment of non-recurrent grant that the Company shall obtain the prior approval of the Secretary of State for the provision of or acquisition of any land or buildings and for any building or other works which are to be provided in whole or in part with the aid of grant.
    Requirements relating to non-recurrent grant
        7.—(1)  The following requirements shall apply when non-recurrent grant or any payment to account of such grant has been paid.

        (2)  Any property owned by the Company which was provided or acquired with the aid of that grant shall not be sold or otherwise disposed of except in accordance with the provisions of the following paragraph.

        (3)  When any such property is no longer required for the purpose for which it was provided or acquired the Company may, with the consent of the Secretary of State, and shall, if the Secretary of State so directs, sell or otherwise dispose of the property.

        (4)  When any such property is sold or disposed of, the Company shall pay to the Secretary of State such part of the proceeds of such sale or disposal as he may require, having regard to the proportion in which the cost of providing or acquiring the property was met by grant.
    Requirements relating to recurrent grant
        8.    The requirements specified in regulations 9 to 11 shall apply, when recurrent grant or any payment to account of such grant has been paid, during the period in respect of which it is paid.
    Application of provisions regulating conduct of schools
        9.    The Company shall comply with the provisions of the Schools (Scotland) Code 1956([2]) and the Schools General (Scotland) Regulations 1975([3]) as if-(a) for any reference in that Code and in those Regulations to a school or to an education authority, there were substituted respectively, unless the context otherwise requires, a reference to the school or to the Company; and
       (b) for sub-paragraph (1) of paragraph 3 of Schedule 1 to the Schools General (Scotland) Regulations 1975, there were substituted the following sub-paragraph:—
              "3.—(1)  Subject to sub-paragraph (2) of this paragraph, a pupil shall be shown in the register of admission and withdrawal as having been withdrawn from the school if—
            (a) he has been withdrawn from the school by his parent; or
            (b) he has been permanently excluded from the school by the Company." .

    Application of provisions regulating school premises
        10.    The Company shall comply with the provisions of Parts I and III of the School Premises (General Requirements and Standards) (Scotland) Regulations 1967([4]) as if those provisions applied to the premises and equipment of the school as they apply to the premises and equipment of schools under the management of education authorities.
    Supply of information
        11.    The Company shall supply in writing to the parent of a pupil at the school or to the parent of a prospective pupil at the school, on a written request being made therefor, information of the kinds specified in the Schedule to these Regulations.
    Power to withhold grants
        12.    The Secretary of State may reduce or withhold a grant if any condition or requirement imposed b y these Regulations in relation to that grant is not fulfilled.



Michael B Forsyth

Parliamentary Under Secretary of State, Scottish Office
New St Andrew's House, Edinburgh

22nd February 1988





Notes:

[1] 1980 c. 44 back

[6] 1985 c. 6 back

[2] S.I. 1956/894; the relevant amending instruments are S.I. 1959/476, 1965/55, 940, 1967/1162, 1968/1055, 1971/1079 and 1972/776 back

[3] S.I. 1975/1135; the relevant amending instruments are S.I. 1982/56, 1735 and 1987/290 back

[4] S.I. 1967/1199; the relevant amending instruments are S.I. 1973/322 and 1979/1186 back

 

Explanatory Note


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