The Block Grant (Education Adjustments) (England) Regulations 1987

Expenditure to which the Regulations apply

3.—(1) These Regulations do not apply to any expenditure from revenue in respect of capital outlay other than that specified in paragraph (3)(a)(ii) or paragraph (3)(f) below but, subject thereto, apply to expenditure incurred after 31st March 1987 being—

(a)expenditure in connection with further education of an advanced character specified in paragraph (2) below; and

(b)other educational expenditure specified in paragraph (3) below.

(2) The expenditure in connection with further education of an advanced character mentioned in paragraph (1)(a) above and specified hereby for the purposes of paragraph 6(3) of Schedule 10 to the Act is expenditure incurred in connection with the provision, or in assisting the provision, by an establishment of further education of any course specified in Schedule 2, but does not include any such expenditure as is mentioned in paragraph (3)(a), (b), (c), (d), (e) or (f) below.

(3) The educational expenditure mentioned in paragraph (1)(b) above and specified hereby for the purposes of paragraph 5(3) of Schedule 10 to the Act is expenditure incurred—

(a)in connection with the provision referred to in paragraph (2) above, being—

(i)payments in respect of loan charges, rent or other outgoings under leases of land or payments under contracts entered into before 1st April 1982 for the leasing of equipment; or

(ii)expenditure from revenue on capital works and equipment not exceeding £150,000 in any financial year in respect of any one establishment of further education recognised by the Secretary of State as a polytechnic, or £60,000 in any such year in respect of any other establishment of further education;

(b)by way of payments made by a local authority as compensating authority under the Colleges of Education (Compensation) Regulations 1975(1);

(c)by way of payments to teachers who, in consequence of a direction given by the Secretary of State under—

(i)Regulation 3(2) of the Further Education Regulations 1975(2),

(ii)Regulation 15 of the Education (Schools and Further Education) Regulations 1981(3), being a direction relating to a course for the training of teachers, or

(iii)Regulation 16 of the said 1981 Regulations,

have ceased to be employed in a college for the training of teachers or in a department for the training of teachers in any other establishment of further education, being payments of the amount by which the salary to which any such teacher is entitled under section 1(2) of the Teachers' Pay and Conditions Act 1987(4) or by virtue of any agreement of a kind referred to in that subsection exceeds the salary which would normally be appropriate to the post held by him;

(d)by way of payments in respect of persons who, on or after 1st April 1981, ceased or cease to be wholly or mainly employed, either in connection with the provision at an establishment of further education of any course specified in Schedule 2, or otherwise than in such a connection at an establishment where the majority of students are engaged on such courses, being either—

(i)redundancy payments; or

(ii)payments made in pursuance of the Local Government (Compensation for Premature Retirement) Regulations 1982(5), the Local Government (Compensation for Redundancy and Premature Retirement) Regulations 1984(6) or the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1985(7) or of other regulations made (after 3rd March 1987) under section 24 of the Superannuation Act 1972(8), or in pursuance of any contract or arrangement made by a local authority in the expectation that regulations providing for such payments would be made under the said section 24;

(e)by way of payments under the Teachers (Compensation) (Advanced Further Education) Regulations 1983(9), or payments in lieu of notice to a teacher whose employment is terminated in the circumstances referred to in Regulation 3(2) of those Regulations;

(f)in defraying expenditure (including expenditure in respect of capital outlay) attributable to the operation of the National Advisory Body for Public Sector Higher Education;

(g)in making provision for the primary, secondary or further education of pupils not belonging to the area of any local education authority in England or Wales and in the payment of awards to such pupils, excluding any provision or award relating to a course specified in Schedule 2.