# The Education (Grant-maintained Special Schools) Regulations 1994, Regulation 3: Special schools eligible to become grant-maintained special schools


(1) Subject to paragraph (2) below, any maintained special school (including a hospital special school) is eligible to become a grant-maintained special school.
(2) A maintained special school is not eligible to become a grant-maintained special school if—
(a) the local education authority have served notice of proposals to cease to maintain the school under section 14(2) of the Education Act 1981 or section 183(2) of the 1993 Act and those proposals have been approved by the Secretary of State with or without modifications; or
(b) the school does not have a delegated budget.
(3) For the purpose of this regulation a school has a delegated budget if the local education authority have for the time being delegated to its governing body the management of the school’s budget share for any financial year in pursuance of a scheme made by the authority under section 33 of the Education Reform Act 1988, pursuant to regulations under section 43 of that Act.

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Source: https://www.legislation.gov.uk/uksi/1994/653/regulation/3 (the official version)
Page: https://openlegislation.uk/education-grant-maintained-special-schools-regulations-1994/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.