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Statutory Instruments made by the National Assembly for Wales


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URL: http://www.bailii.org/wales/legis/num_reg/2001/20010891e.html

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2001 No. 891 (W.42)

EDUCATION, WALES

The Education (Education Standards Grants) (Wales) Regulations 2001

  Made 8th March 2001 
  Coming into force 1st April 2001 

In exercise of the powers conferred upon the Secretary of State by sections 484, 489 and 569(4) of the Education Act 1996[1] and now vested in the National Assembly for Wales[2], the National Assembly for Wales makes the following Regulations:

Citation, commencement and application
     1.  - (1) These Regulations may be cited as the Education (Education Standards Grants) (Wales) Regulations 2001 and shall come into force on 1st April 2001.

    (2) These Regulations apply in relation to local education authorities in Wales.

Interpretation
    
2.  - (1) In these Regulations  - 

    (2) In these Regulations a reference to a regulation is a reference to a regulation contained herein, a reference in a regulation to a paragraph is a reference to a paragraph of that regulation, and a reference to the Schedule is a reference to the Schedule to these Regulations.

Expenditure in respect of which grants are payable
     3. Grants shall be payable only in respect of prescribed expenditure incurred or to be incurred in a financial year and only to the extent to which that expenditure is approved for that year by the National Assembly for the purposes of these Regulations.

Grants in respect of payments to third parties
    
4. Where  - 

such payments shall to that extent be treated as prescribed expenditure for the purposes of these Regulations.

Rate of Grant
    
5. Grants in respect of approved expenditure incurred on or after 1st April 2001 of the kind referred to in the paragraphs of the Schedule listed in the left hand column of the table below shall be payable at the percentage rate of such expenditure specified in relation thereto in the right hand column of the table.


TABLE
Paragraph of Schedule Percentage rate of grant
12 100
9(c) 100
3(b) 100
5(c) 70
All other paragraphs 60

Conditions for payment of grant
    
6.  - (1) No payment of grant shall be made except in response to an application in writing from an education authority to the National Assembly, authenticated by the officer of the authority responsible for the administration of their financial affairs or that person's deputy.

    (2) Applications for the payment of grant shall relate to expenditure over one or more of the periods specified in paragraph (3) and shall specify the approved expenditure in respect of which grant is applied for which has been or which it is estimated will be incurred by the education authority during each such period.

    (3) The periods referred to in paragraph (2) are  - 

    (4) Where an application relating to approved expenditure which has been or which it is estimated will be incurred during the period 1st January to 31st March in any year is submitted under paragraph (1), such payment as the National Assembly may determine, but not exceeding, save where it determines otherwise, three-quarters of the grant applied for in respect of that expenditure may be made forthwith, but no further payment of grant shall be made in respect of that expenditure until a statement has been submitted in accordance with paragraph (5)(a).

    (5) Each education authority which has received or seeks to receive a payment of grant in respect of expenditure incurred during any financial year shall, before 31 October in the following financial year or as soon as practicable after that date  - 

    (6) No payment of grant shall be made in respect of expenditure incurred by an education authority in the period 1st August to 31st December in any year or any subsequent period if grant was paid to the authority in respect of expenditure in the previous financial year but the National Assembly has not yet received the auditor's certificate referred to in paragraph (5)(b) for that year.

    (7) Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor's certificate referred to in paragraph (5)(b) shall, without prejudice to the recovery of any over-payment from any subsequent payment of grant to the education authority, be adjusted by payment between the authority and the National Assembly.

     7. Where at the time of approving expenditure for the purpose of these Regulations, the National Assembly requests information in respect of any purpose listed in the Schedule, payment of grant in respect of that purpose shall be conditional on that information being included in the education authority's application for payment of grant.

    
8.  - (1) The National Assembly may from time to time determine further conditions on the fulfilment of which the making of any payment in pursuance of these Regulations shall be dependent.

    (2) Where conditions have been determined in pursuance of this regulation no grant shall be payable unless such conditions have either been fulfilled or been withdrawn in pursuance of paragraph (3).

    (3) The National Assembly may determine to withdraw or, after consulting the education authority, to vary conditions determined in pursuance of this regulation.

Requirements to be complied with
    
9. Any education authority to whom a payment of grant has been made shall, if so required by the National Assembly, furnish it with such further information as may be required to enable it to verify that any grant paid has been properly paid under these Regulations.

    
10. Any education authority to whom a payment of grant has been made shall comply with such requirements (including requirements as to the repayment of grant or the payment to the National Assembly of other sums related to the value of assets acquired, provided or improved with the aid of grant or interest on sums due to it) as may be determined by the National Assembly in the case in question.

    
11.  - (1) The National Assembly may determine that any education authority must delegate decisions about the spending of - 

to the governing body of a maintained school.

    (2) The National Assembly may determine to withdraw or, after consulting the education authority, to vary requirements determined in pursuance of this regulation.

Revocation and saving provisions
    
12. The Education (Education Standards Grants) (Wales) Regulations 2000[13] are hereby revoked, but those Regulations shall continue to apply to the payments of grant authorised by those Regulations in respect of expenditure incurred on or before the day these Regulations come into force and to any condition or requirement determined by or in accordance with the Regulations so revoked.



Signed on behalf of the National Assembly under section 66(1) of the Government of Wales Act 1998[14]


D. Elis Thomas
The Presiding Officer of the National Assembly for Wales

8th March 2001



SCHEDULE
Regulations 2 and 3


PURPOSES FOR OR IN CONNECTION WITH WHICH GRANTS ARE PAYABLE


     1. The provision of  - 

     2.     

     3.     

     4.     

     5.     

     6.     

     7. The training of teachers to teach, through the medium of Welsh, subjects required to be taught under the National Curriculum.

     8.     

     9.     

     10.     

     11. The provision of training and advice for persons employed at schools concerning action which could be taken to improve the security of school premises and the personal safety of pupils and persons working at schools.

     12. The improvement of school sites, including  - 

     13. Training, for teachers of subjects for which first aid and health and safety have a particular relevance, which is aimed at equipping (or better equipping) them to administer first aid and informing them as to health and safety issues.

     14. The provision of additional staff to assist schools for the periods during which teachers are attending training courses.



EXPLANATORY NOTE

(This note is not part of the Regulations)


Section 484 of the Education Act 1996 enables the National Assembly for Wales to make regulations providing for the payment of grants in respect of expenditure incurred by local education authorities for or in connection with educational purposes which it appears to the National Assembly those authorities should be encouraged to incur in the interests of education in Wales. These Regulations provide for the payment of such grants. They re-enact, with some changes, the Education (Education Standards Grants) (Wales) Regulations 2000. The provisions of the Regulations, and the changes from the earlier Regulations, are outlined below.


Notes:

[1] 1996 c.56; sections 484 and 489 have been amended by section 7(10) of, and paragraphs 125 and 126 of Schedule 30 to, the School Standards and Framework Act 1998. For the meaning of regulations see section 579(1).back

[2] See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[3] 1998 c.31.back

[4] S.I. 1994/1047.back

[5] 1997 c.44. Section 15 has been amended by paragraph 209 of Schedule 30 to the School Standards and Framework Act 1998.back

[6] 1996 c.57.back

[7] Section 313 is amended by paragraph 72 of Schedule 30 to the School Standards and Framework Act 1998.back

[8] At the time of making these Regulations, the regulations currently in force, for Wales, were the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999 (S.I. 1999/ 2817 (W.18)), and for England, the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 (S.I. 1999/2166).back

[9] Section 218 was (so far as relevant to these Regulations) amended by paragraph 49 of Schedule 8 to the Further and Higher Education Act 1992 (c.13); by section 14(1) and (3) of and paragraph 8(4) of Schedule 2 to, the Education Act 1994; by paragraph 76 of Schedule 37 to the Education Act 1996; by section 49(1)-(4) of the Education Act 1997; and by paragraph 17 of Schedule 30 to the School Standards and Framework Act 1998; and sections 10, 11 and 13 of the Teaching and Higher Education Act 1998 (c.30).back

[10] Section 337(1) is amended by paragraph 80 of Schedule 30 to the School Standards and Framework Act 1998.back

[11] 1998 c.18.back

[12] Section 484 was amended by section 7(10) of and paragraph 125 of Schedule 30 to the School Standards and Framework Act 1998.back

[13] S.I. 2000/834 (W.32).back

[14] 1998 c.38.back

[15] Chapter II is amended by paragraphs 26-28 of Schedule 7 to the Education Act 1997 and by paragraphs 87-91 of Schedule 30 to the School Standards and Framework Act 1998.back

[16] S.I. 1997/2009, amended by S.I. 1998/1977.back

[17] S.I. 1997/2010, amended by S.I. 1998/1976.back

[18] S.I. 1997/2011.back

[19] The Qualifications, Curriculum and Assessment Authority for Wales was established by section 14(1) (b) of the Education Reform Act 1988 (c.40), continued in existence by section 360 of the Education Act 1996 and given its current name by section 27(1) of the Education Act 1997.back

[20] ISBN 1 86112 223 3.back

[21] ISBN 1 86112 2225.back

[22] 1989 c.41; section 22(1) is prospectively amended by section 107 of the Local Government Act 2000 (c.22).back

[23] Section 218(3) is amended by section 14(3) of the Education Act 1994 and by section 10 of the Teaching and Higher Education Act 1998.back



Cymraeg (Welsh)



ISBN 0-11-090180-0


  Prepared 19 April 2001


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