This is an assignment that focuses on the Music in Schools Act 2022 on allocation of funds. The paper also breaks down a scenario of breakdown of the funds.
The Music in Schools Act 2022 on allocation of funds
Question 1
Firstly, the (fictitious) Music in Schools Act 2022 gives to local councils the power “to allocate funding to primary schools in their area” with the specific purpose of “supporting musical activities for children”. Each council in the country is granted £500,000 for this purpose.
Secondly, Parryshire County Council (fictitious) decides to spend £50,000 of its grant on employing Alice, a financial adviser. The Council gives Alice complete control of the remaining money and delegates to her the power to make decisions as to how it should be spent. On the Council’s behalf, Alice makes the following awards:
– £20,000 to Bickerdike Secondary School to establish a school orchestra and provide support for a summer tour to the USA.
– £300,000 to Tigheville Primary School to fund a part-time music teacher for one term. Alice advises the School to appoint Elliott to the position. Elliott is Alice’s husband.
– £130,000 to Scriven Valley Primary School to appoint world renowned conductor, David, to direct the staff choir.
The Headteachers of 12 schools in the area come together to form the “Music for all Trust”. None of their schools received any money and they come together to challenge Alice’s decisions. By the time the Trust has prepared itself to make a challenge, 8 months have passed since Alice made the various awards.
Advise the “Music for all Trust”.
Question 2
John is the Prime Minister of the UK. Under powers derived from the royal prerogative, he passes an Order in Council which provides that Government employees within the Foreign Office should work longer hours. He decrees that all Civil Servants in the department should be at their desks by 6am and that they should work through until 6pm. An allowance of 45 minutes for their lunch. The rationale is that, in the aftermath of Brexit, the Government must work to finalise its foreign policy and relations with countries with whom it will trade. Civil Servants are not consulted about the Order in Council before it was passed.
Additionally, Maria has worked for the Foreign Office for 16 years and is outraged by the move to 12 hours days. She believes affects her right to a private and family life (protected by article 8 of the European Convention on Human Rights). Before taking action, Maria has a chat with her son, Jef, who is a recent law graduate. Jef tells Maria that “You can’t challenge the Prime Minister’s decision if they’re not acting under a statutory power”. Not wanting to disappoint, however, Jef nonetheless gives his mother a copy of the case Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) saying “Have a read of this, anyway. Might be something useful in there”.
Advise Maria. Discuss at length whether Jef is right in her instructions and in her direction to the case of Wednesbury.
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