Regulation 6 Conditions for payment of grant

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 6(6)(b) words omitted by Public Audit (Wales) Act 2013 (Commencement, Consequential Amendments, Transitional and Saving Provisions) 2013 Sch. para. 6(a)
reg. 6(6)(b) words substituted by Public Audit (Wales) Act 2004 (Consequential Amendments) 2005 reg. 10(2)(a)
reg. 6(6)(b) words substituted by Public Audit (Wales) Act 2004 (Consequential Amendments) 2005 reg. 10(2)(b)
reg. 6(6)(b) words omitted by Public Audit (Wales) Act 2013 (Commencement, Consequential Amendments, Transitional and Saving Provisions) 2013 Sch. para. 6(b)

(1)

No payment of grant is to be made except in response to an application in writing from an education authority to the National Assembly, authenticated by the officer of the authority responsible for the administration of their financial affairs or that officer’s deputy.

(2)

Applications for a payment of grant must relate to expenditure over one or more period or periods beginning on or after the coming into force of these Regulations and must 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)

Where an application relating to approved expenditure which has been or which it is estimated will be incurred during any one or more period or periods in any financial year is submitted under paragraph (1), such payment as the National Assembly may determine may be made forthwith.

(4)

Where the National Assembly has made a payment under paragraph (3), no further payment of grant is to be made in respect of the expenditure incurred during that or those periods until a statement—

(a)

for each such period, or

(b)

for the financial year in which each such period falls,

has been submitted in accordance with paragraph (6)(a).

(5)

The National Assembly may determine that any under-payment or over-payment of grant which remains outstanding following receipt of the education authority’s statement referred to in paragraph (6)(a) must (without prejudice to the adjustment of any under-payment or over-payment under any other provision) be adjusted either by payment between the authority and the National Assembly or by being taken into account in any subsequent payment of grant to the education authority.

(6)

Each education authority which has received or seeks to receive a payment of grant in respect of expenditure incurred or to be incurred during any financial year or period thereof must, before 31st October in the following financial year or as soon as practicable after that date—

(a)

submit to the National Assembly a statement which must 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 or period thereof ; and

(b)

secure the submission to the National Assembly 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 3(5), (6) and (7) of the Audit Commission Act 1998^f1 certifying that in his or her opinion the particulars stated in the statement or statements submitted by the authority pursuant to this paragraph are fairly stated and that the expenditure incurred was approved for the purpose of these Regulations.

(7)

Except in the first year after the coming into force of these Regulations, no payment of grant is to be made in respect of expenditure incurred or to be incurred by an education authority in the period 1st January to 31st March in any financial year or any subsequent period if grant was paid to the authority in respect of expenditure in a previous financial year and the National Assembly has not yet received the auditor’s certificate referred to in paragraph (6)(b) for that year.

(8)

Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (6)(b) must be adjusted by payment between the education authority and the National Assembly, but in the event of non-compliance by the authority may be adjusted through any subsequent payment of grant to the authority.

(9)

In this regulation “period” means one of the following periods—

(a)

1st April to 31st July;

(b)

1st August to 31st December;

(c)

1st January to 31st March.

Annotations

Footnotes

f1: 1998 c. 18.