# School Standards and Framework Act 1998, Section 50: Effect of financial delegation.

Extent: E+W

(1) Where a maintained school has a delegated budget in respect of the whole or part of a funding period the local authority shall secure that in respect of that period there is available to be spent by the governing body—
(a) where the school has a delegated budget in respect of the whole of that period, a sum equal to the school’s budget share for the period, or
(b) where the school has a delegated budget in respect of only part of that period, a sum equal to that portion of the school’s budget share for the period which has not been spent.
(2) The times at which, and the manner in which, any amounts are made available by the authority to the governing body in respect of any such sum shall be such as may be provided by or under the scheme.
(3) Subject to any provision made by or under the scheme, the governing body may spend any such amounts as they think fit—
(a) for any purposes of the school; or
(b) (subject also to any prescribed conditions) for such purposes as may be prescribed.
(3A) In the case of a school in England—
(a) subject to regulations under paragraph (b) below, subsection (3)(a) has effect as if amounts spent on providing facilities or services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc) were spent for purposes of the school;
(b) regulations may impose restrictions as to the matters on which amounts may be spent under subsection (3)(a).
(4) In the case of a school in Wales, “purposes of the school” in subsection (3) does not include purposes wholly referable to the provision of—
(za) facilities and services under section 27 of the Education Act 2002 (power of governing body to provide community facilities etc.),
(a) part-time education suitable to the requirements of persons of any age over compulsory school age, or
(b) full-time education suitable to the requirements of persons who have attained the age of 19;
but any such purposes may be prescribed by regulations under paragraph (b) of that subsection.
(5) Nothing in subsection (3) shall be read as authorising the payment of allowances to governors otherwise than in accordance with regulations under section 19 of the Education Act 2002 (or, in the case of temporary governors of a new school, regulations under section 34(5) of that Act).
(6) The governing body may delegate to the head teacher, to such extent as may be permitted by or under the scheme, their powers under subsection (3) in relation to any amount such as is mentioned in that subsection.
(7) The governors of a school shall not incur any personal liability in respect of anything done in good faith in the exercise or purported exercise of their powers under subsection (3) or (6).

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Source: https://www.legislation.gov.uk/ukpga/1998/31/section/50 (the official version)
Page: https://openlegislation.uk/school-standards-and-framework-act-1998/section-50
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

