The Education (Grant) (Henrietta Barnett School) Regulations 1994

Made: 31st January 1994

Laid before Parliament: 7th February 1994

Coming into force: 28th February 1994

In exercise of the powers conferred by section 100(1)(b) and (3) of the Education Act 1944[^f00001] and vested in the Secretary of State[^f00002], the Secretary of State for Education, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Education (Grant) (Henrietta Barnett School) Regulations 1994 and shall come into force on 28th February 1994.

• (2) In these Regulations“grant” means a grant in pursuance of these Regulations;

• “the governing body” means the governing body of Henrietta Barnett school;

• “approved expenditure” means expenditure which is approved by the Secretary of State for the purposes of the payment of grant.

Payment of grant

2

• (1) The Secretary of State may pay grants of such amounts as he may determine to the governing body in respect of approved expenditure incurred or to be incurred by them for any of the following purposes

• (a) obtaining legal advice, assistance or representation, or

• (b) discharging any liability incurred by them in respect of the costs of, or compensation to, any party to any legal proceedings instituted, in connection with written notice dated 18th March 1993 terminating the Henrietta Barnett school’s right to use and occupy all or any part of the premises of the Hampstead Garden Suburb Institute.

• (2) Payments under these Regulations shall be made at such times and in such instalments as the Secretary of State considers appropriate.

Conditions of payment

3

The making of payments of grant shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State in the case in question.

Requirements to be observed

4

• (1) Where grant is paid under these Regulations the governing body shall comply with such requirements (including requirements as to the repayment of grant and the payment of interest on sums due) as may be specified by the Secretary of State in the case in question.

• (2) Without prejudice to the generality of paragraph (1) above, when grant is paid the governing body shall

• (a) where the payment is in respect of expenditure to be incurred and the expenditure or part of it is not incurred, repay on application made in that behalf by the Secretary of State the grant paid or the proportionate part thereof;

• (b) keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require;

• (c) open to the inspection of the Comptroller and Auditor General the records and accounts kept pursuant to the requirements imposed under sub-paragraph (b) above.

Signed

John Patten — Secretary of State for Education — 31st January 1994

Explanatory note

(This note is not part of the Order)

These Regulations authorise the Secretary of State to pay grants to the governing body of the Henrietta Barnett school in respect of legal expenses and compensation incurred, or to be incurred, by them in connection with a written notice terminating the school’s right to use and occupy the premises of the Hampstead Garden Suburb Institute.

Footnotes

[^f00001]: 1944 c. 31; section 100(1)(b) was amended by section 213(3) of the Education Reform Act 1988 (c. 40).

[^f00002]: For the transfer of functions to the Secretary of State see S.I. 1964/490, S. I.1970/1536, and S.I.1978/274.