Regulation 23 Energy scheme factorI1
England and Wales
Paragraph (2) applies where—
the governing body of a maintained school has entered into an agreement with the Secretary of State for the supply of energy to that school, and
the governing body of that school has failed to pay, by the required date, an undisputed invoice for the supply of energy to the school.
In determining (including redetermining) budget shares for schools maintained by it, a local authority must include a factor which enables it to deduct from the budget share of a school the amount notified to the local authority by the Secretary of State in respect of an undisputed invoice for the supply of energy to the school.
In this regulation—
“supply of energy” means the supply of gas, electricity or both gas and electricity;
“undisputed invoice” means an invoice for energy where—
the governing body of the school does not dispute that the payment is due;
the governing body of the school accepts that the payment is due after entering into a form of alternative dispute resolution in respect of that invoice; or
a court in the United Kingdom has found that the payment is due;
the “required date” is the final day of the period of—
three months beginning with the due date for payment, where paragraph (3)(b)(i) applies;
one month beginning with the date on which the governing body accepts that the payment is due, where paragraph (3)(b)(ii) applies;
one month beginning with the date of the court finding, where paragraph (3)(b)(iii) applies, subject to paragraph (4).
Where the governing body of a school appeals against the finding of a court referred to in paragraph (3)(b)(iii)—
the invoice becomes undisputed where the finding on appeal is that the payment is due, and
the required date is the final day of the period of one month beginning with—
the date of the finding on appeal that the payment is due, or
the date on which the governing body withdraws its appeal.