Regulation 4 Conditions

(1)

A governing body to whom any payment is made in respect of a grant under these Regulations shall comply with such requirements determined by the Secretary of State as he may from time to time impose.

(2)

Such requirements—

(a)

may be imposed on, or at any time after, the making of any payment by reference to which they are imposed, and

(b)

may at any time be waived, removed or varied by the Secretary of State;

but such requirements may be imposed after the making of any such payment only if the Secretary of State is satisfied that in all the circumstances it is reasonable for them to be so imposed.

(3)

In the case of a grant paid to the governing body of a voluntary aided school, such requirements may, in particular, if any conditions specified in the requirements are satisfied—

(a)

require the application for purposes connected with the provision of education in appropriate schools of—

(i)

any premises or equipment in respect of which the grant has been paid under these Regulations, or

(ii)

an amount equal to so much of the value of any such premises or equipment as is determined in accordance with the requirements to be properly attributable to the payment of the grant; and

(b)

in the event that that requirement is not complied with, require the payment to the Secretary of State of the whole or any part of the following amount.

(4)

That amount is—

(a)

the amount of the payments made in respect of the grant under these Regulations; or

(b)

the amount mentioned in paragraph (3)(a)(ii) above,

whichever the Secretary of State determines to be just.

(5)

When deciding whether to make any grant to a governing body of a voluntary aided school under these Regulations in circumstances where he considers that it would be appropriate to impose requirements falling within paragraph (3) above, the Secretary of State may have regard to whether, if such requirements were imposed, that body would have an enforceable right against some other person to be given by that person such financial assistance as would be necessary to enable them to pay to the Secretary of State the amount mentioned in paragraph (4) above.

(6)

In this regulation “appropriate schools”—

(a)

in relation to a voluntary aided school having a religious character, means schools which are either foundation or voluntary schools and whose specified religion or religious denomination under section 69(4) of the 1998 Act is the same as that school's; and

(b)

in relation to any other voluntary aided school, means community, foundation or voluntary schools or community or foundation special schools.