EDUCATION, ENGLAND AND WALES Citation and commencement and application 1 1 These Regulations may be cited as the Education (Education Standards Etc. Grants) (England) Regulations 1999 and shall come into force on 1st April 1999. 2 These Regulations apply in relation to local education authorities in England. Interpretation 2 1 In these Regulations– “the 1989 Act ” means the Local Government and Housing Act 1989 ; “the 1996 Act ” means the Education Act 1996; “the 1998 Act ” means the School Standards and Framework Act 1998 ; “advanced skills teacher” means a teacher who has been certified by an assessor appointed by the Secretary of State for Education and Employment as eligible for appointment to that post and who has been so appointed; “annual review meeting” means a meeting to review a statement of special educational needs such as is referred to in regulations 15(5), 16(3) and 17(3) of the Education (Special Educational Needs) Regulations 1994 ; “approved expenditure” means any expenditure which is approved as provided in regulation 3 below; “asset management plan” means a plan prepared by an education authority which sets out priorities for capital expenditure on schools and the approach proposed locally to dealing with them; “beacon school” means a maintained school participating in the Department for Education and Employment’s pilot programme for beacon schools which requires schools to undertake responsibilities in relation to disseminating good practice in schools; “classroom assistant” means an employee of an education authority or of the governing body of a school who is normally present in a classroom with a teacher and who assists the teacher; “determine” means determine by notice in writing; “early excellence centre” means an institution for providing education and other related services for children under compulsory school age (whether or not it also provides such services for other persons) participating in the Department for Education and Employment’s pilot programme for early excellence centres; “early years development partnership” means a body established in accordance with section 119(1) of the 1998 Act; “early years development plan” means a plan prepared by an education authority in accordance with section 120 of the 1998 Act; “education authority” means a local education authority; “education development plan” means a plan prepared by an education authority in accordance with section 6 of the 1998 Act; “family literacy programmes” means programmes which enable parents to improve their own literacy skills while helping their children to read and write; “family numeracy programmes” means programmes which enable parents to improve their own numeracy skills while helping their children with numeracy; “key skills qualification” means a qualification accredited as such by the Qualifications and Curriculum Authority under section 24(2)(g) of the Education Act 1997 ; “key stage 2” means the second key stage referred to in section 355(1)(b) of the 1996 Act; “key stage 3” means the third key stage referred to in section 355(1)(c) of the 1996 Act; “leading mathematics teacher” means an experienced mathematics teacher who is required to provide demonstration mathematics lessons; “local authority lifelong learning development plan” means a plan prepared by an education authority setting out the steps it proposes to take to improve the learning opportunities for adults and widen participation in learning; “mainstream school” means a maintained school other than a special school; “maintained school” means a school maintained by an education authority; or in relation to any time before 1st September 1999, a grant-maintained school or a grant-maintained special school; “National Grid for Learning” means a system of inter-connecting networks and education services based on the Internet which is designed to support teaching, learning, training and administration in schools, the wide education service, and the community; “non-maintained special school” means a special school which is not a maintained special school; “nursery education” has the meaning given to it in section 117 of the 1998 Act; “prescribed expenditure” means expenditure by an education authority for or in connection with any of the purposes specified in Schedule 1 other than the purpose specified in paragraph 25(b); or expenditure by an education authority which satisfies the conditions specified in paragraph (2) below for or in connection with the purpose specified in paragraph 25(b) of Schedule 1; “relevant lender” has the meaning given to it in regulation 65(1) of the Local Authorities (Capital Finance) Regulations 1997 ; “school day” has the meaning given to it in section 579(1) of the Education Act 1996; “school development plan” means a plan prepared by a school which sets out its main goals, what action is necessary to achieve those goals, the resources required and how success will be measured; “special educational needs” has the meaning given to it in section 312 of the 1996 Act; “special needs assistant” means an employee of an education authority or of the governing body of a school who is normally present in a classroom with a teacher and who assists the teacher in relation to children with special educational needs; “special school” has the meaning given to it in section 337(1) of the 1996 Act; “specialist school” means a maintained school which specialises in– mathematics, science and technology; modern foreign languages; the fine arts, performing arts or the media arts; or sport; “standards fund grant” means a grant under these Regulations; “study support centre” means a centre providing an out of school hours learning programme aimed at raising standards in literacy and numeracy; “summer literacy school” means a scheme taking place during the summer holidays which aims to raise standards of literacy in pupils who are about to join secondary school; “summer numeracy school” means a scheme taking place during the summer holidays which aims to raise standards of numeracy in pupils who are about to join secondary school; “supply teacher” means a teacher employed wholly or mainly for the purpose of supervising and so far as practicable teaching any pupils whose teacher is not available to teach them; “teacher” means a person who by virtue of regulations relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988 is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section; and “youth and community worker” means a person employed or working in a voluntary capacity in connection with the provision of facilities of a kind mentioned in sections 2(3)(b) or 508 of the 1996 Act other than a person undertaking duties that are solely administrative, secretarial, clerical or manual. 2 The conditions referred to in sub-paragraph (b) of the definition of “prescribed expenditure” in paragraph (1) above are that on 1st April 1999 the education authority– a has a credit ceiling, as determined under Part III of Schedule 3 to the 1989 Act which was nil or a negative amount; and b had no money outstanding by way of borrowing other than– i short-term borrowing (within the meaning of section 45(6) of the 1989 Act); or ii borrowing undertaken before 24th August 1995, other than borrowing by the issue of stock on or after 15th December 1993 from a person who is not a relevant lender. Expenditure in respect of which standards fund grants are payable 3 Standards fund grants shall only be payable in respect of prescribed expenditure incurred or to be incurred in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State for the purposes of these Regulations. Standards fund grants in respect of payments to third parties 4 Where– a an education authority incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons (including another education authority) who incur expenditure for or in connection with educational purposes, and b that expenditure of the recipient of the payments or any part thereof would be prescribed expenditure if it were expenditure of the authority, such payments shall to that extent be treated as prescribed expenditure for the purposes of these Regulations. Rate of standards fund grant 5 1 Except as provided in paragraph (2) below, standards fund grants in respect of approved expenditure incurred on or after 1st April 1999 shall be payable at the rate of 50 per cent. of such expenditure in respect of items referred to in the paragraphs of Schedule 1 other than paragraph 28. 2 Standards fund grants in respect of approved expenditure incurred on or after 1st April 1999 in respect of items referred to in the paragraphs of Schedule 1 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. Paragraph in Schedule 1 Rate (%) 2a 100 3a 100 4 100 6 100 23 75 24 100 25 100 26 65 27a 100 29 100 30 100 31 100 32 100 33 100 34 100 35 100 3 Standards fund grants in respect of approved expenditure incurred on or after 1st April 1999 in respect of items referred to in paragraph 28 of Schedule 1 shall be payable, in relation to the education authorities listed in the left hand column of the table in Schedule 2, at the percentage rate of such expenditure specified in the right hand column of the table. Conditions for payment of standards fund grant 6 1 No payment of standards fund grant shall be made except in response to an application in writing from an education authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy. 2 Applications for the payment of standards fund grant which relate to expenditure incurred on or after 1st April 1999 shall relate to expenditure over one or more of the periods specified in paragraph (3) below 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 paragraphs (2), (4) and (6) of this regulation are– a 1st April to 31st July; b 1st August to 31st December; c 1st January to 31st March. 4 Where an application relating to approved expenditure which has been or which it is estimated will be incurred during the period commencing on 1st January in any year is submitted under paragraph (1) above, such payment as the Secretary of State may determine may be made forthwith, but no further payment of standards fund grant shall be made in respect of that expenditure until a statement has been submitted in accordance with paragraph (5)(a) below. 5 Each education authority that has received or seeks to receive a payment of standards fund grant in respect of expenditure incurred during any financial year shall, before 31st July in the following financial year or as soon as practicable after that date– a submit to the Secretary of State a statement which shall specify the approved expenditure in respect of which standards fund grant has been or is being applied for which has been incurred by the education authority during that year; and b secure the submission to the Secretary of State of a certificate signed by the auditor appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales to audit the accounts of the authority or any auditor qualified for such appointment by virtue of sections 3(5), (6) and (7) of the Audit Commission Act 1998 certifying that in his opinion the particulars stated in the statement submitted by the authority pursuant to this paragraph are fairly stated and that the expenditure incurred was approved for the purposes of section 484 or, in the case of expenditure in respect of the items in paragraph 26 of the First Schedule, section 488 of the 1996 Act. 6 No payment of standards fund grant shall be made in respect of expenditure incurred by an education authority in the period beginning on 1st August in any year or any subsequent period if standards fund grant was paid to the authority in respect of expenditure in the previous financial year but the Secretary of State has not yet received the auditor’s certificate referred to in paragraph (5)(b) above for that year. 7 Any under-payment or over-payment of standards fund grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (5)(b) above shall, without prejudice to the recovery of any over-payment from any subsequent payment of standards fund grant to the education authority, be adjusted by payment between the authority and the Secretary of State. 7 Where at the time of approving expenditure for the purposes of these Regulations, the Secretary of State requests information in respect of any purpose listed in Schedule 1, payment of standards fund 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 Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment under these Regulations shall be dependent. 2 Where conditions have been determined under this regulation no standards fund grant shall be payable unless such conditions have either been fulfilled or been withdrawn under paragraph (3) below. 3 The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined under this regulation. Requirements to be complied with 9 Any education authority to whom a payment of standards fund grant has been made shall, if so required by the Secretary of State, furnish him with such further information as may be required to enable him to verify that any grant paid has been properly paid under these Regulations. 10 1 Any education authority to whom a payment of standards fund grant has been made shall comply with such requirements as may be determined by the Secretary of State in the case in question. 2 Requirements determined under this regulation may in particular include requirements as to– a the repayment of standards fund grant; b the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved– i with the aid of standards fund grant; or ii by any other body or persons referred to in regulation 4(a) above with the aid of payments made by the authority in respect of which standards fund grant has been paid; or c the payment of interest on sums due to the Secretary of State. 11 1 The Secretary of State may require any education authority to whom a payment of standards fund grant in respect of the items specified in paragraphs 1(a), 1(b), 3(a), 3(b), 8, 11, 16, 17, 19, 22, 23, 24, 25, 28, 30 or 35 of Schedule 1 is made to delegate decisions about the spending of– a such grant, and b the amount allocated by the authority to meet the prescribed expenditure approved in accordance with regulation 3, to the governing body of a maintained school. 2 The Secretary of State may determine to withdraw or, after consulting the education authority, vary requirements determined in pursuance of this regulation. Revocation, amendment and transitional provisions 12 1 The following Regulations are hereby revoked, namely– a The Education (Grants for Education Support and Training) (England) Regulations 1998 ; b the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment) Regulations 1998 ; c the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment) ( No. 2) Regulations 1998 ; d the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment) Regulations 1999 ; and e the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment No. 2) Regulations 1999 . 2 a The Education (Grants) (Travellers and Displaced Persons) Regulations 1993 shall be amended as follows; b i In regulation 2(1) for the definition of “authority” there shall be substituted the following definition– “authority” means a local education authority in Wales; ; and ii in regulation 5 there shall be omitted the words“authorities or” in the first place where those words occur. 3 Nothing in paragraphs (1) or (2) above shall prevent the Secretary of State making payments of grant authorised by the Regulations revoked or, as the case may be, amended by either of those paragraphs in respect of expenditure incurred on or before 31st March 1999 or affect any condition or requirement determined by or in accordance with any of those Regulations. Minister of State, Department for Education and Employment 1999