Statutory Instrument 1996 No. 537

The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Wales) Regulations 1996

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1996 No. 537

EDUCATION, ENGLAND AND WALES
WALES

The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Wales) Regulations 1996

In exercise of the powers conferred on the Secretary of State by sections 81(2), 82(2), 83(2), 88, 89, 90, 94 and 301(6) of the Education Act 1993^[1] the Secretary of State for Wales hereby makes the following Regulations:—

Citation and commencement
    1.    These Regulations may be cited as the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Wales) Regulations 1996 and shall come into force on 1st April 1996.

Interpretation
    2.—(1)  In these Regulations, except where the context otherwise requires—
"the 1988 Act" means the Education Reform Act 1988^[2];
"the 1993 Act" means the Education Act 1993;
"the 1990 Regulations" means the Education (Grant-maintained Schools) (Finance) Regulations 1990^[3];
"the 1994 Regulations" means the Education (Grant-maintained Schools) (Finance) (Wales) Regulations 1994^[4]; and
"the 1995 Regulations" means the Education (Grant-maintained Schools) (Finance) (Wales) Regulations 1995^[5];
"new school proposals" means proposals published under section 49 of the 1993 Act for the establishment of a new grant-maintained school;
"pupils with statements of special educational needs" means pupils for whom statements of their special educational needs are maintained under section 168 of the 1993 Act;
"school" means a grant-maintained or grant-maintained special school situated in Wales.


    (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
allocation formula	section 38(2) of the 1988 Act
capital grants	section 89 of the 1993 Act
change in the characteristics of the school	regulation 5(10)
comparable maintained school	regulation 5(6)
date of implementation of the proposals	sections 37(2) of the 1993 Act
delegated budget	section 33(6)(b) of the 1988 Act
financial year	section 305(1) of the 1993 Act
financial year in question	regulation 4(3)
general schools budget	section 33(4)(a) of the 1988 Act[6]
maintenance grant	section 87(1) of the 1993 Act
preceding financial year	regulation 5(9)
relevant date	regulation 15(7)
relevant expenditure	regulation 13(3)
relevant percentage	regulation 8(2)
relevant schools	regulation 10(3)
scheme	section 51(2)(a) of the 1988 Act[7]
school's budget share	section 51(2)(b) of the 1988 Act
school days	regulation 10(3)
special purpose grants	section 88 of the 1993 Act.



    (3)  Any reference in these Regulations to the relevant authority in relation to any school and any financial year relating to the school, is a reference to the local education authority which is, or was in that financial year, the local education authority for the area in which the school is situated (whether or not, as a result of local government reorganisation^[8], that authority has ceased to exist).

    (4)  In these Regulations references to a school becoming a grant-maintained school are references to a school acquiring grant-maintained status, or being established as a grant-maintained school, under Chapter II, IV or IX of Part II of the 1993 Act, or becoming a grant-maintained special school under Chapter II or IX of Part II of the 1993 Act^[9].

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

    (6)  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.

    (7)  In these Regulations references to primary or secondary schools do not include such schools which are special schools.

Revocation and transitional provisions
    3.—(1)  The 1995 Regulations are revoked.

    (2)  Notwithstanding the provisions of these Regulations—
 (a) the 1990 Regulations shall continue to apply in relation to primary and secondary schools for the purposes of—
 (i) determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State in respect of a school for the period commencing on 1st April 1990 and ending on 31st March 1994, and
 (ii) determining (and revising) the total amount which the Secretary of State may recover under regulation 13 of those Regulations in respect of that period;
 (b) the 1994 regulations shall continue to apply in relation to primary and secondary schools for the purposes of—
 (i) determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State in respect of a school for the financial year ending on 31st March 1995, and
 (ii) determining (and revising) the total amount which the Secretary of State may recover under regulation 23 of those Regulations in respect of that financial year; and
 (c) the 1995 regulations shall continue to apply in relation to primary and secondary schools for the purposes of—
 (i) determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State in respect of a school for the financial year ending on 31st March 1996, and
 (ii) determining (and revising) the total amount which the Secretary of State may recover under regulation 23 of those Regulations in respect of that financial year.

    (3)  Paragraph (1) is without prejudice to the continued operation after 31st March 1996 of any 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 1990, 1994 and 1995 Regulations.

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

[4] S.I. 1994/610. back

[5] S.I. 1995/587. back

[6] Section 33(4)(a) is amended by section 12(5) of the Further and Higher Education Act 1992 (c. 13). back

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

[8] See the Local Government (Wales) Act 1994, c. 19. back

[9] Chapter II is applied to maintained special schools by the Education (Grant-maintained Special Schools) Regulations 1994, S.I. 1994/653 amended by S.I. 1994/1231, 1994/2003 and 1996/111; and Chapter IX is applied to such schools by the Education (Groups including Grant-maintained Special Schools) Regulations 1994, S.I. 1994/779. back

Explanatory Note