Statutory Instrument 1994 No. 612

The Education (Grants for Education Support and Training) Regulations 1994

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© Crown Copyright 1994

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1994 No. 612

EDUCATION, ENGLAND AND WALES

The Education (Grants for Education Support and Training) Regulations 1994

In exercise of the powers conferred upon the Secretary of State by sections 1 and 3(4) of the Education (Grants and Awards) Act 1984^[1], the Secretary of State for Education, as respects England, and the Secretary of State for Wa1es, as respects Wales, hereby make the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Education (Grants for Education Support and Training) Regulations 1994 and shall come into force on 1st April 1994.

Interpretation
    2.—(1)  In these Regulations—

"the Act" means the Education (Grants and Awards) Act 1984;


"approved expenditure" means any expenditure which is approved as provided in regulation 3;


"determine" means determine by notice in writing;


"education authority" means a local education authority;


"grant" means a grant in pursuance of these Regulations;


"grant-maintained school" has the meaning assigned to it by sections 22(1) and 221(4) of the Education Act 1993;


"head teacher mentor programme" means a programme of regional projects for the training of inexperienced head teachers whereby experienced head teachers give advice and assistance to support the professional development of inexperienced head teachers;


"leisure time facilities" means facilities of a kind which education authorities are under the duty imposed by sections 41(3)(b) and 53(1) of the Education Act 1944^[2] to secure are provided within their areas;


"maintained school" means a school maintained by an education authority;


"mentor" means an experienced head teacher giving advice and assistance under a head teacher mentor programme;


"prescribed expenditure" means expenditure by an education authority for or in connection with any of the purposes specified in the Schedule hereto;


"primary school", "pupil" and "school" have the meanings assigned to them by section 114 of the Education Act 1944^[3];


"qualified teacher" means a person who, by virtue of the regulations^[4] relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988^[5], is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section;


"special educational needs" has the meaning assigned to it by section l56(1) of the Education Act 1993;


"special school" has the meaning assigned to it by section 9(5) of the Education Act 1944^[6];


"technology college" means a voluntary aided school in respect of which a direction has been given under section 4A of the Education (No.2) Act 1986^[7] and which is for the time being recognised as a technology college by the Secretary of State for Education;


"voluntary aided school" has the meaning assigned to it by section 15 of the Education Act 1944^[8]; and


"youth and community worker" means a person employed in connection with leisure-time facilities, other than those employed in a solely administrative, secretarial, clerical or manual capacity.

    (2)  In these Regulations a reference to a regulation is a reference to a regulation contained therein, a reference in a regulation to a paragraph is a reference to a paragraph of that regulation, and a reference to the Schedule is to the Schedule to these Regulations.

Expenditure in respect of which grants are payable
    3.    Grants shall only be payable in respect of prescribed expenditure incurred or to be incurred in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State for the purposes of these Regulations.

Grants in respect of payments to third parties
    4.    Where—
 (a) an education authority incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons (including another education authority) who incur expenditure for or in connection with educational purposes, and
 (b) that expenditure of the recipient of the payments or any part thereof would be prescribed expenditure if it were expenditure of the authority,
such payments shall to that extent be treated as prescribed expenditure for the purposes of these Regulations.

Rate of Grant
    5.—(1)  Subject to paragraph (2), grants in respect of approved expenditure incurred on or after 1st April 1994 shall be payable at the rate of 60 per cent.of such expenditure.

    (2)  Grants in respect of approved expenditure incurred by an education authority in England on or after 1st April 1994 in respect of items 13(b), 21 and 22 in the Schedule shall be payable at the rate of 100 per cent.of such expenditure.

Conditions for payment of grant
    6.—(1)  No payment of grant shall be made except in response to an application in writing from an education authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy.

    (2)  Applications for the payment of grant which relate to expenditure incurred on or after 1st April 1994 shall relate to expenditure over one or more of the periods specified in paragraph (3) and shall specify the approved expenditure in respect of which grant is applied for which has been or which it is estimated will be incurred by the education authority during each such period.

    (3)  The periods referred to in paragraph (2) are—
 (a) 1st April to 31st July;
 (b) 1st August to 31st December;
 (c) 1st January to 31st March.

    (4)  Where an application relating to approved expenditure which has been or which it is estimated will be incurred during the period commencing on 1st January and any year is submitted on or before 5th March in that year, such payment as the Secretary of State may determine but not exceeding three-quarters of the grant applied for in respect of that expenditure may be made forthwith, but no further payment of grant shall be made in respect of that expenditure until an application has been submitted in accordance with paragraph (5)(a).

    (5)  Each education authority that has received or seeks to receive a payment of grant in respect of expenditure incurred during the year ending on 31st March shall, during the period commencing on 1st April or as soon as practicable thereafter—
 (a) submit to the Secretary of State an application which shall specify the approved expenditure in respect of which grant has been or is being applied for which has been incurred by the education authority during that year; and
 (b) secure the submission to the Secretary of State of a certificate signed by the auditor appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales to audit the accounts of the authority or any auditor qualified for such appointment by virtue of section 13(5), (5A) and (6) of the Local Government Finance Act 1982^[9] certifying that in his opinion the particulars stated in the application submitted by the authority pursuant to this paragraph are fairly stated and that the expenditure incurred was approved for the purposes of section 1 of the Act.

    (6)  No payment of grant shall be made in respect of expenditure incurred by an education authority in the period beginning on 1st August in any year or any subsequent period if grant was paid to the authority in respect of expenditure in the year ending on the preceding 31st March but the Secretary of State has not yet received the auditor's certificate referred to in paragraph (5)(b) for that year.

    (7)  Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor's certificate referred to in paragraph (5)(b) shall, without prejudice to the recovery of any over-payment from any subsequent payment of grant to the education authority, be adjusted by payment between the authority and the Secretary of State.

    7.    Where at the time of approving expenditure for the purpose of these Regulations, the Secretary of State requests information in respect of any purpose listed in the Schedule hereto, payment of grant in respect of that purpose shall be conditional on that information being included in the education authority's application for payment of grant.

    8.—(1)  The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment in pursuance of the Regulations shall be dependent.

    (2)  Where conditions have been determined in pursuance of this regulation no grant shall be payable unless such conditions have either been fulfilled or been withdrawn in pursuance of paragraph (3).

    (3)  The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined in pursuance of this regulation.

Requirements to be complied with
    9.    Any education authority to whom a payment of grant has been made shall, if so required by the Secretary of State, furnish him with such further information as may be required to enable him to verify that any grant paid has been properly paid under these Regulations.

    10.    Any education authority to whom a payment of grant has been 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 determined by the Secretary of State in the case in question.

    11.    The Secretary of State may require any education authority to whom a payment of grant in respect of item 1, 2, 3(b), 6, or 19 in the Schedule is made to delegate decisions about the spending of—
 (a) such grant, and
 (b) the amount allocated by the authority to meet the prescribed expenditure approved in accordance with regulation 3,
to such persons as may be determined by the Secretary of State in the case in question.

Revocation and transitional provisions
    12.    The Education Support Grants Regulations 1992^[10] are hereby revoked, but nothing in this regulation shall prevent the Secretary of State making payments of grant authorised by those Regulations in respect of expenditure incurred on or before 31st March 1994 or affect any condition or requirement determined by or in accordance with any of the Regulations so revoked.

[1] 1984 c. 11; section 1 was amended by section 278 of the Education Act 1993 (c. 35). back

[2] 1944 c. 31; section 41 was substituted by section II of the Further and Higher Education Act 1992 (c. 13); and section 53(1) was amended by Part 1 of Schedule I to the Education (Miscellaneous Provisions) Act 1948 (c. 40), Schedule 7 to the Education Act 1980 (c. 20), and paragraph 54 of Schedule 12 to the Education Reform Act 1988 (c. 40). back

[3] The definition of "primary school" in section 114 was inserted by paragraph 13(2)(c) of Schedule 8 to the Further and Higher Education Act 1992; the definition of "pupil" was inserted by paragraph 13(2)(d) of Schedule 8 to that Act, and the definition of "school" was inserted by paragraph 13(2)(e) of Schedule 8 to that Act. back

[4] The regulations currently in force are the Education (Teachers) Regulations 1993 (S.I.1993/543, to which there are amendments not relevant to these Regulations). back

[5] Section 218 was amended by paragraph 49 of Schedule 8 to the Further and Higher Education Act 1992, by sections 290 and 291 of the Education Act 1993, and is prospectively amended on a date to be appointed by paragraph 136 of Schedule 19 to the Education Act 1993. back

[6] Section 9(5) was substituted by section 11(1)of the Education Act 1981 (c. 60).On a date to be appointed section 9(5) will be repealed and replaced by a new definition of "special school" in section 182(1) of the Education Act 1993. back

[7] 1986 c. 61; section 4A was inserted by section 271(1) of the Education Act 1993. back

[8] Section 15 was amended by section 14 of, and Part II of Schedule 2 to, the Education Act 1946 (c. 50), paragraph 1(2) of Schedule 1 to the Education Act 1980, paragraph 1 of Schedule 4 to the Education (No.2) Act 1986, and section 282(2) of the Education Act 1993. back

[9] 1982 c. 32; subsection (5) of section 13 was amended by section 20 of, and paragraph 3 of Schedule 4 to, the National Health Service and Community Care Act 1990 (c. 19). back

[10] S.I.1992/3275. back

Explanatory Note