Section 45 Maintained schools to have budget shares.

England and Wales

(1)

For the purposes of the financing of maintained schools by F1local authorities, every such school shall have, for each F2funding period, a budget share which is allocated to it by the authority which maintains it.

C1(F31A)

In this Chapter “maintained school” means—

(a)

a community, foundation or voluntary school,

(b)

a community or foundation special school, F4...

(c)

a maintained nursery school F5, or

(d)

a pupil referral unit in England.

F6(1B)

In this Chapter “funding period” means a financial year or such other period as may be prescribed.

(2)

Sections F7 45A to 47 have effect for determining the amount of a school’s budget share for a F8funding period.

C2(3)

In this Chapter—

(a)

references to schools maintained by a F9local authority do not include F10pupil referral units F11in Wales;

F12(aa)

references to the governing body of a maintained school or of a school maintained by a local authority shall be read, in relation to a pupil referral unit in England, as references to the management committee for the unit (in spite of paragraph 1 of Schedule 1 to the Education Act 1996);

(ab)

references to governors shall be read, in relation to a pupil referral unit in England, as references to the members of the management committee for the unit;

(b)

references, in a context referring to a local authority, to a maintained school or to a school maintained by such an authority shall be read as including a new school—

(i)

which on implementation of proposals under F13any enactment will be a community, foundation or voluntary school or a community or foundation special school maintained by the authority, and

(ii)

which has a temporary governing body; and

(c)

references to the governing body of a maintained school or of a school maintained by a local authority shall accordingly be read as including the temporary governing body of a new school falling within paragraph (b).

(4)

In this Chapter “new school” (without more) has the meaning given by section 72(3).

Annotations

Textual amendments

F1: Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(3) (with Sch. 2 para. 10(4))
F2: Words in s. 45(1) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 2(2) (with s. 119); S.I. 2005/2034, art. 8
F3: S. 45(1A) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 99(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4 (with art. 6, Sch. para. 5); S.I. 2005/2910, art. 4, Sch. (with transitional provisions in The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 (S.I. 2005/2913), reg. 8
F4: Word in s. 45(1A)(b) omitted (1.9.2012 for specified purposes) by virtue of Education Act 2011 (c. 21), ss. 50(2), 82(3); S.I. 2012/1087, art. 3
F5: S. 45(1A)(d) and word inserted (1.9.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 50(2), 82(3); S.I. 2012/1087, art. 3
F6: S. 45(1B) inserted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 2(3) (with s. 119); S.I. 2005/2034, art. 8
F7: Words in s. 45(2) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 2(4)(a) (with s. 119); S.I. 2005/2034, art. 8
F8: Words in s. 45(2) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 2(4)(b) (with s. 119); S.I. 2005/2034, art. 8
F9: Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))
F10: Words in s. 45(3)(a) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 99(3)(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4 (with art. 6, Sch. para. 5); S.I. 2005/2910, art. 4, Sch.
F11: Words in s. 45(3)(a) inserted (1.9.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 50(3)(a), 82(3); S.I. 2012/1087, art. 3
F12: S. 45(3)(aa)(ab) inserted (1.9.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 50(3)(b), 82(3); S.I. 2012/1087, art. 3
F13: Words in s. 45(3)(b)(i) substituted (19.12.2002 for W. and 1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 99(3)(b) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

Modifications

C1: S. 45(1A) modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(c)
C2: S. 45(3)(4) modified (20.11.1998) by S.I. 1998/2670, reg. 3(4)

Notes on Chapter IV

Modifications

C1: Pt. 2 Ch. 4 (ss. 45-53) modified (20.11.1998) by S.I. 1998/2670, reg. 3(1)(3)
C2: Pt. 2 Ch. 4 applied (with modifications) (W.) (12.4.2010) by The Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010 (S.I. 2010/638), regs. 1(1), 74, 75
C3: Pt. 2 Ch. 4 applied (E.) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 28 (with reg. 2)
C4: Pt. 2 Ch. 4 applied (W.) (22.5.2014) by The Federation of Maintained Schools (Wales) Regulations 2014 (S.I. 2014/1132), regs. 1(1), 77, 78