Education Act 1986
Education Act 1986
1986 CHAPTER 40
An Act to provide for the making of grants by the Secretary of State to the Fellowship of Engineering and the Further Education Unit and to make further provision in relation to the arrangements under Part VI of the Local Government, Planning and Land Act 1980 for the pooling of expenditure by local authorities on education and for connected purposes.
[18th July 1986]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Grants
1 Payment of grant.
(1) The Secretary of State may out of money provided by Parliament make grants to—
(a ) the body corporate constituted by Royal Charter and known at the passing of this Act as the Fellowship of Engineering; and
(b ) the company formed and registered under the Companies Act 1948 and known at the passing of this Act as the Further Education Unit;
in respect of expenditure incurred or to be incurred by either of them for the purpose of any of its activities.
(2) In making a grant under this section the Secretary of State may impose conditions for any purpose mentioned in subsection (3) below and may also impose such other conditions as he thinks fit.
(3) Those purposes are—
(a ) requiring the repayment of the grant in whole or part if any other condition is not complied with;
(b ) where the grant is made in respect of capital expenditure, requiring the payment to the Secretary of State on the sale of, or of any part of, a grant-aided asset of such sums related to the value of the asset at the time of the sale as he may by notice in writing specify to the recipient of the grant as being in his opinion reasonable having regard to the extent to which the asset has been acquired, provided or improved as a result of the grant; and
(c ) requiring the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any other condition remains unpaid.
(4) A condition imposed under subsection (3)(b ) above may require a payment to be made even if the grant has been repaid at the time of the sale; and in that subsection ‘grant-aided asset’, in relation to a grant, means an asset acquired, provided or improved as a result of the expenditure in respect of which the grant is made.
Further provision in relation to the arrangements under Part VI of the Local Government, Planning and Land Act 1980 for pooling expenditure by local authorities on education, etc.
2 Recovery of negative pooling adjustments.
(1) In this section, ‘shortfall year’, in relation to an authority, means any year in which the amount of block grant payable to the authority for that year is less than the amount, or aggregate amount, by which the block grant so payable to them falls to be decreased in accordance with the pooling provisions; and the difference between the amount of block grant so payable to them and the amount of the decrease required is referred to as the authority's pooling deficit for that year.
(2) Where, in consequence of any estimate or calculation made by him for the purposes of the pooling provisions or section 66 of the Local Government, Planning and Land Act 1980 (estimates and calculations of the amount of block grant payable to an authority for any year), it appears to the Secretary of State that any year is, or is likely to be, a shortfall year in relation to an authority, he shall calculate their pooling deficit for that year on the basis of the best information then available to him and notify the authority in writing accordingly.
(3) Where, in consequence of any estimate or...
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