Regulation 2 Prescribed terms as to payment

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

reg.2(2)(a)(ii) amended by Education (Payment for Special Educational Needs Supplies) 1995 reg.2(a)
reg.2(2)(a)(iii) added by Education (Payment for Special Educational Needs Supplies) 1995 reg.2(b)
reg.2(2)(b) amended by Education (Payment for Special Educational Needs Supplies) 1995 reg.2(c)
reg.2(2) amended by Education (Payment for Special Educational Needs Supplies) 1994 reg.2(a)
reg.2(4) added by Education (Payment for Special Educational Needs Supplies) 1994 reg.2(b)

(1)

Where—

(a)

a local education authority supply under section 162(1) of the Education Act 1993 (“the Act”) goods or services to the governing body of—

(i)

a grant-maintained or grant-maintained special school, or

(ii)

a county, voluntary or maintained special school in the area of another local education authority; and

(b)

in the case of a grant-maintained or grant-maintained special school, the maintenance grant for the school for the financial year in which the supply is made includes an amount for meeting the cost of those goods or services;

the terms on which the authority supply those goods or services may include such terms as to payment as can reasonably be expected to secure that the full cost (but not more than the full cost) of the provision is recovered by the authority.

(2)

For the purposes of paragraph (1) above the maintenance grant for a school shall be taken to include such an amount as is referred to in paragraph (1)(b) above where—

(a)

that grant (or part of it) for the financial year in question is determined by reference to a local education authority’s scheme and an amount for meeting the cost of supplies under section 162(1) of the Act—

(i)

is included in accordance with the scheme in the budget shares for that year of the schools covered by the scheme; or

(ii)

is included in accordance with note (15)(b) in Schedule 1 to the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1994^f1 (or, in the case of the financial year beginning in 1993, note (15)(b) in Schedule 1 to the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1993^f2) in Part I of the authority’s budget statement for the financial year immediately preceding the financial year in question; or

(b)

that grant is determined otherwise than by reference to a local education authority’s scheme and the goods or services are supplied to assist the governing body in discharging their duties under section 161(1)(a) of the Act in respect of pupils for whom no statement is maintained under section 7 of the Education Act 1981^f3 and whose educational needs are not being assessed under section 5 of that Act.

(3)

For the purposes of this regulation—

“budget shares” in relation to schools means the schools' budget shares within the meaning of section 33(2)(a) of the Education Reform Act 1988^f4;
“budget statement” means the statement referred to in section 42(3) of that Act;
“maintenance grant” has the meaning given to that expression by section 81(1) of the Act; and
“scheme” means a scheme made under section 33 of the Education Reform Act 1988.

Annotations

Footnotes

f1: S.I. 1994/323.
f2: S.I. 1993/113.
f3: 1981 c. 60.
f4: 1988 c. 40. Section 33 was amended by the Further and Higher Education Act 1992 (c. 13), section 12(5).