Statutory Instrument 1992 No. 555

The Education (Grant-maintained Schools) (Finance) Regulations 1992

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© Crown Copyright 1992

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1992 No. 555

EDUCATION, ENGLAND AND WALES

The Education (Grant-maintained Schools) (Finance) Regulations 1992

In exercise of the powers conferred on the Secretary of State by sections 79, 81 and 232(5) of the Education Reform Act 1988^[1] the Secretary of State for Education and Science hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Education (Grant-maintained Schools) (Finance) Regulations 1992 and shall come into force on 1st April 1992.

Interpretation
    2.—(1)  In these Regulations, except where the context otherwise requires—
"the Act" means the Education Reform Act 1988;
"the 1989 Regulations" means the Education (Grant-maintained Schools) (Finance) Regulations 1989^[2];
"the 1990 Regulations" means the Education (Grant-maintained Schools) (Finance) Regulations 1990^[3];
"the 1991 Regulations" means the Education (Grant-maintained Schools) (Finance) Regulations 1991^[4];
"financial year" has the meaning assigned to it by section 235(1) of the Act, and references to "the financial year in question" are references to the financial year in respect of which the determination of maintenance grant is made under these Regulations; and
"school" means a grant-maintained school (within the meaning of the Act) situated in England.


    (2)  The following table shows provisions defining or otherwise explaining expressions used in these Regulations (other than provisions defining or explaining an expression used only in the same regulation or Schedule), references in the second column thereof to sections and regulations being, respectively, references to sections of the Act and regulations of these Regulations—

aggregated budget          section 33(4)(b)

allocation formula          section 38(2)

capital grants          section 79(3)(b)

change in the characteristics of the school          regulation 5(8)

delegated budget          section 33(6)(b)

former maintaining authority          sections 74(8) and 104(1)(i) and (6)

general schools budget          section 33(4)(a)

incorporation date          section 104(3)

maintenance grant          section 79(1)

relevant date          regulation 17(1)

relevant expenditure          regulation 15(5)

scheme          section 51(2)(a)

school's budget share          section 51(2)(b)

special purpose grants          section 79(3)(a).

    (3)  Unless the context otherwise requires, any reference in these Regulations to—
 (a) a numbered part, regulation or Schedule is a reference to the part, regulation or Schedule in these Regulations so numbered, and
 (b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

Revocation and transitional provisions
    3.—(1)  The 1991 Regulations are hereby revoked.

    (2)  Notwithstanding the following provisions of these Regulations—
 (a) the 1989 Regulations shall continue to apply for the purposes of—
 (i) determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31st March 1990, and
 (ii) determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of that year; and
 (b) the 1990 Regulations shall continue to apply for the purposes of—
 (i) determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31st March 1991, and
 (ii) determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of the financial year ending on 31st March 1991; and
 (c) the 1991 Regulations shall continue to apply for the purposes of—
 (i) determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31st March 1992, and
 (ii) determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of that year.

    (3)  Paragraph (1) is without prejudice to the continued operation after 31st March 1992 of the requirements imposed by the Secretary of State on a governing body to whom payments in respect of maintenance grant, capital grant and special purpose grant have been made under one or more of (as the case may be) the 1989, 1990 and 1991 Regulations.

[1] 1988 c. 40. back

[2] S.I. 1989/1287. back

[3] S.I. 1990/549, amended by S.I. 1990/2279 and S.I.1991/353. back

[4] S.I. 1991/353. back

Explanatory Note