Part IResponsibility for education

Chapter IAdministration

Funding authorities for England and Wales

3Funding Agency for Schools

(1)There shall be established a body corporate to be known as the Funding Agency for Schools to exercise in relation to England the functions conferred on them.

(2)The agency shall consist of not less than ten nor more than fifteen members appointed by the Secretary of State, one of whom shall be so appointed as chairman.

(3)In appointing the members of the agency the Secretary of State shall have regard to the desirability of including—

(a)persons who appear to him to have experience of, and to have shown capacity in, the provision of primary or secondary education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of such education,

(b)persons who appear to him to have experience of, and to have shown capacity in, the provision of education in voluntary schools, or in grant-maintained schools having foundation governors,

(c)persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession, and

(d)persons who appear to him to have experience of, and to have shown capacity in, providing for children with special educational needs.

(4)Before appointing any member of the agency the Secretary of State shall consult—

(a)a body appearing to him to be representative of the Church of England, and

(b)a body appearing to him to be representative of the Roman Catholic Church,

in matters relating to the provision of education in voluntary schools, or in grant-maintained schools having foundation governors.

(5)Schedule 1 to this Act has effect in respect of the agency.

4Schools Funding Council for Wales

(1)The Secretary of State may by order make provision for the establishment of a body corporate to be known as the Schools Funding Council for Wales to exercise in relation to Wales, as from such date as may be specified in the order, the functions conferred on them.

(2)The council shall consist of not less than eight nor more than twelve members appointed by the Secretary of State, one of whom shall be so appointed as chairman.

(3)In appointing the members of the council the Secretary of State shall have regard to the desirability of including—

(a)persons who appear to him to have experience of, and to have shown capacity in, the provision of primary or secondary education or to have held, and to have shown capacity in, any position carrying responsibility for the provision of such education,

(b)persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession, and

(c)persons who appear to him to have experience of, and to have shown capacity in, providing for children with special educational needs.

(4)Schedule 1 to this Act has effect in respect of the council.

5Meaning of “funding authority” in the Education Acts

(1)Any reference in the Education Acts to a funding authority—

(a)in relation to schools, or local education authority areas, in England is to the Funding Agency for Schools, and

(b)in relation to schools, or local education authority areas, in Wales is, subject to subsection (2) below, to the Schools Funding Council for Wales,

and in any other context is to the agency or the council.

(2)Before the Schools Funding Council for Wales begin to exercise their functions, any reference in the Education Acts (other than this Part of this Act) to a funding authority in relation to schools, or local education authority areas, in Wales is to be read as a reference to the Secretary of State.

6Grants to funding authorities

The Secretary of State may make grants to any funding authority of such amounts and subject to such terms and conditions as he may determine.