Statutory Instrument 1990 No. 1989

The Education (Grant) Regulations 1990

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© Crown Copyright 1990

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1990 No. 1989

EDUCATION, ENGLAND AND WALES

The Education (Grant) Regulations 1990

In exercise of the powers conferred by sections 100(1) and (3) and 111A of the Education Act 1944^[1], section 4(1) and (3) of the Education Act 1967 (b)^[2], section 50(1) and (3) of the Education (No. 2) Act 1986^[3] and section 213(1) and (2) of the Education Reform Act 1988^[4] and vested in the Secretary of State^[5] the Secretary of State for Education and Science, as respects England, and the Secretary of State for Wales, as respects Wales, hereby make the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Education (Grant) Regulations 1990 and shall come into force on 7th November 1990.

Interpretation and construction
    2.—(1)  In these Regulations-

"approved expenditure" means expenditure which is approved by the Secretary of State for the purposes of the payment of grant;


"capital expenditure" means expenditure on or in connection with-
 (a) the acquisition of any interest in land or buildings;
 (b) the provision or alteration of buildings; or
 (c) the provision of furniture or equipment otherwise than in the course of periodic maintenance;


"grant" means a grant in pursuance of these Regulations;


"loan" means a loan in pursuance of regulation 9; and


"Universities Funding Council" means the body established by section 131 of the Education Reform Act 1988.

    (2)  Except when the context otherwise requires, a reference in these Regulations to a regulation is a reference to a regulation contained therein and a reference in a regulation to a paragraph is a reference to a paragraph of that regulation.

Rate of grant
    3.    Save as mentioned in regulation 8, any grant may be of an amount constituting reimbursement of the approved expenditure to which it relates or of a lesser amount determined by the Secretary of State.

Payment of grant
    4.    Payments of grant shall be made at such times and in such instalments as the Secretary of State thinks appropriate.

Revocation and amendment
    5.—(1)  The Regulations specified in the Schedule hereto are hereby revoked:

Provided that nothing in this regulation shall affect any condition or requirement imposed by or under any of the Regulations so revoked.

    (2)  The Direct Grant Schools Regulations 1959^[6] shall continue to have effect with the amendment made by regulation 2(2) of the Education (Grant) Regulations 1983^[7] (insertion of Regulation 10A).

[1] 1944 c. 31; section 100 was extended by paragraph 3 of Schedule 2 to the Sex Discrimination Act 1975 (c. 65) and section 100(1)(b) was amended by section 213(3) of the Education Reform Act 1988 (c. 40). Section 111A was inserted by section 229 of that Act. back

[2] 1967 c. 3. back

[3] 1986 c. 61. For the expression "prescribed" see section 67(3) of the Education (No. 2) Act 1986 and section 114(1) of the Education Act 1944. back

[4] 1988 c. 40. back

[5] S.I. 1964/490, 1970/1536, 1978/274. back

[6] S.I. 1959/1832, amended by S.I. 1963/1379, 1965/1, 1968/1148, 1972/1678, 1973/1535, 1978/1145, 1980/1861, 1981/1788, 1983/74 and 1987/1182. back

[7] S.I. 1983/74, amended by S.I. 1987/1126. back

Explanatory Note