Regulation 3 Expenditure to which the Regulations apply
These Regulations do not apply to any expenditure from revenue in respect of capital outlay but, subject thereto, apply to expenditure incurred after 31st March 1987 being—
expenditure in connection with further education of an advanced character specified in paragraph (2) below; and
other educational expenditure specified in paragraph (3) below.
The expenditure in connection with further education of an advanced character mentioned in paragraph (1)(a) above and specified hereby for the purposes of paragraph 6(3) of Schedule 10 to the Act is expenditure incurred in connection with the provision, or in assisting the provision, by an establishment of further education of any course specified in paragraph 1 of the Schedule to these Regulations, but does not include any such expenditure as is referred to in paragraph (3)(a), (b), (c), (d) or (e) below.
The educational expenditure mentioned in paragraph (1)(b) above and specified hereby for the purposes of paragraph 5(3) of Schedule 10 to the Act is expenditure incurred—
by way of payments made by a local authority as compensating authority under the Colleges of Education (Compensation) Regulations 1975f1;
by way of payments to teachers who, in consequence of a direction given by the Secretary of State under—
Regulation 3(2) of the Further Education Regulations 1975f2,
Regulation 15 of the Education (Schools and Further Education) Regulations 1981f3, being a direction relating to a course for the training of teachers, or
Regulation 16 of the said 1981 Regulations,
have ceased to be employed in a college for the training of teachers or in a department for the training of teachers in any other establishment of further education, being payments of the amount by which the salary to which any such teacher is entitled under section 1(2) of the Teachers' Pay and Conditions Act 1987f4 or by virtue of any agreement of a kind referred to in that subsection, exceeds the salary which would normally be appropriate to the post held by him;
by way of payments in respect of persons who, on or after 1st April 1981, ceased or cease to be wholly or mainly employed, either in connection with the provision at an establishment of further education of any course specified in paragraph 1 of the Schedule to these Regulations, or otherwise than in such a connection at an establishment where the majority of students are engaged on such courses, being either—
redundancy payments; or
payments made in pursuance of the Local Government (Compensation for Premature Retirement) Regulations 1982f5, the Local Government (Compensation for Redundancy and Premature Retirement) Regulations 1984f6 or the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1985f7 or of other regulations made after 5th March 1987 under section 24 of the Superannuation Act 1972f8, or in pursuance of any contract or arrangement made by a local authority in the expectation that regulations providing for such payments would be made under the said section 24;
by way of payments under the Teachers (Compensation) (Advanced Further Education) Regulations 1983f9;
in defraying expenditure attributable to the operation of the Wales Advisory Body for Local Authority Higher Education;
in making provision for the primary, secondary or further education of pupils not belonging to the area of any local education authority in England or Wales and in the payment of awards to such pupils, excluding any provision or award relating to a course specified in paragraph 1 of the Schedule to these Regulations.