Statutory Instruments
1999 No. 14

EDUCATION, ENGLAND AND WALES
The Education (Infant Class Sizes) (Grant) Regulations 1999

Made
7th January 1999

Laid before Parliament
12th January 1999

Coming into force
1st April 1999

In exercise of the powers conferred on the Secretary of State by sections 3 and 138(7) of the School Standards and Framework Act 1998(1), the Secretary of State for Education and Employment, as regards England, and the Secretary of State for Wales, as regards Wales, hereby make the following Regulations:

PART IGENERAL

Citation and commencement

1.  These Regulations may be cited as the Education (Infant Class Sizes) (Grant) Regulations 1999, and shall come into force on 1st April 1999.

Interpretation

2.—(1) In these Regulations—

“the 1998 Act” means the School Standards and Framework Act 1998;

“approved expenditure” means expenditure approved by the Secretary of State under regulation 3;

“infant class” has the meaning given by section 4 of the 1998 Act;

“infant class grant” means grant paid to a local education authority by the Secretary of State under regulation 3;

“relevant school”, in relation to a local education authority, means a school containing one or more infant classes which is—

(a)
in relation to any time before 1st September 1999(2)—

(i)
a county, voluntary or maintained special school maintained by that authority, or

(ii)
a grant-maintained or grant-maintained special school situated within that authority’s area; and

(b)
in relation to any time on or after that date—

(i)
a community, foundation or voluntary school, or

(ii)
a community or foundation special school,

maintained by that authority.

(2) A reference in paragraph (1) to a county, voluntary, maintained special, grant-maintained or grant-maintained special school shall be construed in accordance with the Education Act 1996(3).

PART IIPAYMENT OF GRANTS

Infant class grant

3.  Subject to regulations 4 and 5, the Secretary of State may pay grants (“infant class grant”) to a local education authority in respect of expenditure incurred or to be incurred by them for the purpose of ensuring that the limit imposed by Regulations(4) made under section 1 of the 1998 Act is complied with in relation to infant classes at relevant schools, but only to the extent to which that expenditure is approved by the Secretary of State for the purposes of this regulation.

Withholding of grant

4.  The Secretary of State may not pay any infant class grant to a local education authority where no proposed arrangements by that authority have been approved by him under section 2 of the 1998 Act.

Determination of amount of grant

5.  When determining whether any infant class grant (and if so, what amount) should be paid by him to a local education authority, the Secretary of State shall have regard to their proposed arrangements as so approved by him under section 2 of the 1998 Act.

Rate of grant

6.  Grant paid under these Regulations may be of any amount (determined by the Secretary of State) up to 100 per cent. of the approved expenditure to which it relates.

Payment of Grant

7.  Payments of grant under these Regulations shall be made at such times and in such instalments as the Secretary of State thinks appropriate.

PART IIISUPPLEMENTAL

Conditions of payment

8.  The making of payments of grant under these Regulations shall be dependent upon the fulfilment of such conditions as may be specified by the Secretary of State.

Requirements to be observed

9.—(1) Any local education authority to whom infant class grant is paid shall comply with such requirements as may be determined by the Secretary of State in the case in question.

(2) Without prejudice to the generality of paragraph (1), requirements determined under this regulation may include requirements as to—

(a)the implementation of the proposed arrangements approved by him under section 2 of the 1998 Act;

(b)the repayment of grant;

(c)the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant;

(d)the payment of interest on sums due to the Secretary of State;

(e)the keeping of such records and accounts, and the provision to the Secretary of State of such information, documents, returns and accounts as the Secretary of State may from time to time require.

(3) The Secretary of State may determine to withdraw a requirement imposed under this regulation or, after consulting the local education authority upon whom it is imposed, to vary such a requirement.

Estelle Morris
Minister of State,Department for Education and Employment
4th January 1999

Peter Hain
Parliamentary Under Secretary of State, Welsh Office
7th January 1999

Explanatory Note

(This note is not part of the Regulations)
Regulations under section 1 of the School Standards and Framework Act 1998 provide that an infant class may not contain more than 30 pupils at any time while an ordinary teaching session is conducted by a single qualified teacher (or, where the session is conducted by more than one qualified teacher, more than 30 pupils for every teacher). These Regulations, which are made under section 3 of that Act, authorise the Secretary of State to pay grants to a local education authority in connection with expenditure incurred by them (and approved by the Secretary of State) for the purpose of ensuring that that limit on the size of infant classes is complied with at schools maintained by that authority (regulation 3).
The Secretary of State may not pay grant to an authority whose plan for reducing infant class sizes has not been approved by him under section 2 of the 1996 Act (regulation 4). The Secretary of State is required to take that plan into account when deciding whether to pay any grant to an authority and, if so, how much (regulation 5).
The rate of grant may be of any amount (determined by the Secretary of State) up to 100 per cent. of the approved expenditure to which it relates; and grant is payable at such times and in such instalments as he may determine (regulations 6 and 7).
The payment of grant may be made dependent upon such conditions as may be specified by the Secretary of State, and he may also require the local education authority to whom it is paid to comply with certain requirements (regulations 8 and 9).


(1)
1998 c. 31; see section 142(1) for the definition of “regulations”.

(2)
1st September 1999 is the day appointed for the purposes of section 20(7) of the 1998 Act: see S.I. 1998/2083.

(3)
1996 c. 56.

(4)
See, in relation to schools in England, the Education (Infant Class Sizes) (England) Regulations 1998 (S.I. 1998/1973); and, in relation to schools in Wales, the Education (Infant Class Sizes) (Wales) Regulations 1998 (S.I. 1998/1943). Both sets of Regulations came into force on 1st September 1998.