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(2);

"the 1996 Act" means the Education Act 1996;

"the 1998 Act" means the School Standards and Framework Act 1998(3);

"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(4);

"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(5);

"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

"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

"relevant lender" has the meaning given to it in regulation 65(1) of the Local Authorities (Capital Finance) Regulations 1997(6);

"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-�

"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(7) relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988(8) 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.

(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(9) 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(10);

(b)the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment) Regulations 1998(11);

(c)the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment) (No. 2) Regulations 1998(12);

(d)the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment) Regulations 1999(13); and

(e)the Education (Grants for Education Support and Training) (England) Regulations 1998 (Amendment No. 2) Regulations 1999(14).

(2) (a) The Education (Grants) (Travellers and Displaced Persons) Regulations 1993(15) 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.

Regulations 2, 5 and 11

SCHEDULE 1PURPOSES FOR OR IN CONNECTION WITH WHICH STANDARDS FUND GRANTS ARE PAYABLE

1. Support for measures to improve the standards attained by pupils in maintained schools, including-�

(a)support for measures identified in school development plans;

(b)support for measures to improve standards in schools which are causing concern; and

(c)support for measures to improve standards in schools included in an education authority's education development plan.

2.-(a) Support for the assessment and training of persons undertaking the National Professional Qualification for Headship; and

(b)support for the training of serving headteachers undertaking the national leadership programme for serving headteachers.

3.-(a) Support for the establishment of advanced skills teacher posts in specialist schools, including the provision of additional staff to assist such schools for periods during which teachers are carrying out activities related to their advanced skills teacher status and for the additional cost of employing an advanced skills teacher.

(b)(i)Support for the establishment of advanced skills teacher posts in maintained schools, including the provision of additional staff to assist such schools for periods during which teachers are carrying out activities related to their advanced skills teacher status and for the additional cost of employing an advanced skills teacher; and

(ii)support for the additional costs of employing advanced skills teachers who are not attached to a particular school.

4. Support for measures to assist the recruitment and retention of teachers.

5. Support for the training and development of staff providing nursery education when the education provided is included in an education authority's early years development plan.

6. Support for the provision of education, related day care, family education, training and development of staff and related services by early excellence centres.

7.-(a) Support for the employment of consultants to provide training in maintained primary schools to improve the teaching of literacy;

(b)support for the training of teachers of literacy in maintained primary schools, including the provision of additional staff to assist such schools for the periods during which teachers are attending training courses and the costs of teachers attending training courses at weekends or during school holidays;

(c)support for the training and employment of classroom assistants to assist with the teaching of literacy at key stage 2;

(d)support for the training of supply teachers employed by an education authority; and

(e)support for the training of specialist teacher assistants, that is to say persons who can provide assistance and support for teachers in teaching subjects including reading and writing to primary school pupils.

8. Support for the setting up and running of summer literacy schools and literacy intervention programmes in the first year of key stage 3, including-�

(a)support for the training of teachers of literacy, including the provision of additional staff to assist such schools for the periods during which teachers are attending training courses;

(b)the provision of books, information technology and other equipment for use in connection with the teaching of literacy; and

(c)support for the employment of consultants to provide training in maintained secondary schools which were included in the 1998-�1999 key stage 3 pilot programmes to improve the teaching of literacy.

9.-(a) Support for the employment of consultants to provide training in maintained primary schools to improve the teaching of mathematics;

(b)support for the training of teachers of mathematics in maintained primary schools, including the provision of additional staff to assist such schools for the periods during which teachers are attending training courses;

(c)support for leading mathematics teachers, including the provision of additional staff to assist schools for the periods during which these teachers are planning and preparing demonstration mathematics lessons and giving support to local teachers; and

(d)the provision of equipment for use in connection with the teaching of mathematics at schools requiring intensive support.

10. Measures to improve the teaching of mathematics in maintained schools at key stage 3, including the provision of additional staff to assist such schools for the periods during which teachers are attending training courses and support for the employment of consultants to provide training and support to such schools.

11. Support for the setting up and running of summer numeracy schools.

12. Support in establishing and maintaining study support centres within, or near, the premises of Premier League and First Division Football Clubs.

13. The improvement of literacy skills of parents and children through family literacy programmes.

14. The improvement of numeracy skills of parents and children through family numeracy programmes.

15.-(a) Support for the introduction of local authority lifelong learning development plans; and

(b)support for measures to implement aims included in local authority lifelong learning development plans and other measures to improve the learning opportunities for adults and widen participation in learning.

16. Support and training for teachers and for curriculum planning-�

(a)for the effective introduction in maintained schools of vocational courses leading to General National Vocational Qualifications other than Part I General National Vocational Professional Qualifications;

(b)for the effective introduction of courses leading to GCE A level and AS examinations (that is to say General Certificate of Education advanced level and advanced subsidiary examinations);

(c)for the effective introduction of post-16 key skills qualifications, or units thereof, in maintained schools; and

(d)in preparation for any other changes to the organisation, teaching and assessment of the post-16 curriculum in maintained schools.

17. Support for high quality work related learning projects with the intention of raising levels of attainment and motivation of 14 to 16 year olds in maintained secondary schools.

18.-(a) Training for governors, headteachers, teachers and special needs assistants in maintained schools and non-maintained special schools, and for those staff in education authority support services with responsibility for children with special educational needs;

(b)the encouragement of partnerships between parents, education authorities, schools and voluntary bodies in order to secure a better education for children with special educational needs, through the use of materials, information technology and additional staff time to strengthen an education authority's input to annual review meetings;

(c)measures to encourage the attendance of children with special educational needs at mainstream schools;

(d)support for the development of links between special schools and mainstream schools; and

(e)support for children with emotional and behavioural difficulties or at risk of developing emotional and behavioural difficulties.

19.-(a) Support for measures to reduce the number of children excluded from schools and truancy, including measures to encourage the attendance of children with behavioural difficulties at mainstream schools; and

(b)support for the provision of full-time education for all children of compulsory school age excluded from school for more than 15 school days.

20.-(a) Training for teachers and youth and community workers with responsibility for providing education relating to the misuse of drugs; and

(b)other measures (including initiatives to promote inter-agency working) to assist teachers and youth and community workers in providing education about the misuse of drugs.

21. The training of youth and community workers.

22. Enabling maintained schools to secure effective use of the networked educational services made available through the National Grid for Learning.

23. Measures, including training, to improve the security of the premises of maintained schools and the personal safety of persons working at the school and pupils.

24. Support for beacon schools to assist them in undertaking activities designed to disseminate good practice in schools, including the provision of additional staff to assist such schools for periods during which teachers are undertaking such activities.

25.-(a) Support, equipment and training for the teaching of

(i)mathematics, science and technology in specialist schools specialising in those subjects;

(ii)modern foreign languages in specialist schools specialising in those subjects;

(iii)the fine arts, performing arts or the media arts in specialist schools specialising in those subjects; and

(iv)sport in specialist schools specialising in that subject; and

(b)the improvement or alteration of the premises of specialist schools, other than an improvement or alteration which is intended to increase the aggregate capacity of schools in an area pursuant to an education authority's duty under section 14 of the 1996 Act to secure that sufficient schools are available for their area.

26.-(a) Support for the making of provision to promote and facilitate access to education and more regular school attendance and to improve levels of educational achievement among persons to whom this paragraph applies, except to the extent that such provision is within the purpose set out in paragraph 28 of this Schedule.

(b)This paragraph applies to a person if

(i)by reason of his way of life (or, in the case of a child, his parent's way of life) he either has no fixed abode or leaves his main abode to live elsewhere for significant periods in each year;

(ii)he fell within paragraph (i) within a period of two years immediately preceding the making of the provision referred to in subparagraph (a); or

(iii)he is for the time being resident in a camp or other accommodation or establishment provided for refugees or for displaced or similar persons.

27.-(a) Support for the continuing provision by an education authority of a central music service.

(b)Support for new or increased provision by an education authority of a central music service, including measures to expand such a service, to improve the quality of music teaching, to improve equality of access to music services and to promote co-operative working between education authorities.

28. Measures to provide equality of educational opportunity for all minority ethnic groups, including in particular measures to assist pupils for whom English is an additional language and measures to raise standards of achievement for those minority ethnic groups who are particularly at risk of under-achieving.

29. The provision of financial assistance to pupils over compulsory school age who attend a maintained school and who are in need of such assistance in order to continue to participate fully in such education and to achieve an appropriate standard.

30. Support for additional literacy and numeracy classes for pupils in maintained schools who will be completing key stage 2 in the summer of 1999 or 2000.

31.-(a) The improvement or alteration of the premises of maintained schools other than-�

(i)specialist schools in circumstances where the conditions specified in regulation 2(2) are fulfilled, or

(ii)an improvement or alteration which is intended to increase the aggregate capacity of schools in an area pursuant to an education authority's duty under section 14 of the 1996 Act to secure that sufficient schools are available for their area;

(b)the improvement or alteration of other buildings used for educational purposes other than as a specialist school in circumstances where the conditions specified in regulation 2(2) are fulfilled; and

(c)the provision of equipment (including information technology) for educational purposes.

32. Support for the preparation of asset management plans.

33. Support for education authorities in the performance of their duty to promote high standards of education, including-�

(a)support for the training of members of committees and officers dealing with education; and

(b)the provision of equipment for use in connection with such training, including relevant computer hardware and software.

34. Support for education authorities to assist them in developing more detailed applications under section 10(4) of the 1998 Act to the Secretary of State to make an order under section 10(1) of that Act (order providing for schools to constitute collectively an education action zone).

35. Support for maintained schools by the provision of reading books and other text-based media, including CD Roms.

Regulation 5(3)

SCHEDULE 2

Explanatory Note

(This note is not part of the Regulations)

These Regulations supersede the Education (Grants for Education and Training) (England) Regulations 1998 as amended which are revoked.

There are some minor and drafting amendments to the regulations and the purposes for or in connection with which grants are payable set out in the Schedule have been revised. A number of purposes have been deleted or amended and paragraphs 1, 15, 19, 26, 27, 28, 29, 32, 33 and 34 contain new purposes.

These Regulations also amend the Education (Travellers and Displaced Persons) Regulations 1993 with the effect that, from the date these Regulations come into force, the said Regulations will not apply to the payment of grant to education authorities in England.