Statutory Instrument 1994 No. 2111

The Education (Grant-maintained Special Schools) (Finance) Regulations 1994

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© Crown Copyright 1994

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1994 No. 2111

EDUCATION, ENGLAND AND WALES

The Education (Grant-maintained Special Schools) (Finance) Regulations 1994

In exercise of the powers conferred on the Secretary of State by sections 81(2), 82, 83(1) and (2), 84(2) and (6), 94 and 301(6) of the Education Act 1993^[1], the Secretary of State for Education hereby makes the following Regulations:

Citation, commencement and application
    1.—(1)  These Regulations may be cited as the Education (Grant-maintained Special Schools) (Finance) Regulations 1994 and shall come into force on 1st September 1994.

    (2)  These Regulations apply in relation to the financial year beginning on 1st April 1994.

Interpretation
    2.—(1)  In these Regulations—
"the 1988 Act" means the Education Reform Act^[2];
"the 1993 Act" means the Education Act 1993;
"financial year in question" means the financial year beginning in 1994;
"local education authority" in relation to any school means the local education authority by which the school was maintained immediately before it became a grant-maintained special school;
"preceding financial year" means the financial year beginning in 1993; and
"school" means a grant-maintained special school situated in England not being a school established in pursuance of proposals made by the funding authority under section 183 of the 1993 Act.


    (2)  The expressions listed in the left-hand column below are respectively defined by or (as the case may be) are to be interpreted in accordance with the provisions listed in the right-hand column in relation to those expressions—

aggregated budget	section 33(4)(b) of the 1988 Act
capital grants	section 83(1) of the 1993 Act
delegated budget	section 33(6)(b) of the 1988 Act
financial year	section 305(1) of the 1993 Act
general schools budget	section 33(4)(a) of the 1988 Act
maintenance grant	section 81(1) of the 1993 Act
relevant date	regulation 11(7)
relevant expenditure	regulation 9(3)
relevant percentage	regulation 5(2)
scheme	section 51(2)(a) of the 1988 Act[3]
school's budget share	section 51(2)(b) of the 1988 Act
special purpose grants	section 82(1) of the 1993 Act.



    (3)  In these Regulations—
 (a) references to a change in the characteristics of a school include, in particular, references to any change in the number of registered pupils thereat; and
 (b) references to a school becoming a grant-maintained special school are references to a school becoming such a school under Part 2 of the Education (Grant-maintained Special Schools) Regulations 1994.

    (4)  For the purposes of these Regulations a school becomes a grant-maintained special school on the date of implementation of the proposals in respect of the school under Chapter II or IX of Part II of the 1993 Act.

    (5)  Unless the context otherwise requires, any reference in these Regulations to—
 (a) a numbered regulation or Schedule is a reference to the 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.

[1] 1993 c. 35. Sections 81 to 95 apply to grant-maintained special schools and their governing bodies by virtue of regulation 23 of the Education (Grant-maintained Special Schools) Regulations 1994, S.I. 1994/653, as substituted by regulation 11 of the Education (Grant-maintained Special Schools) (Amendment) Regulations 1994, S.I. 1994/1231. For the meaning of "regulations" see section 305(1) of the 1993 Act. back

[2] 1988 c. 40. back

[3] Section 51(2)(a) is amended by section 274(4) of the Education Act 1993. back

Explanatory Note