The School and Early Years Finance (England) Regulations 2022
| Year | 2022 |
2022 No. 27
Education, England
The School and Early Years Finance (England) Regulations 2022
Made 11th January 2022
Laid before Parliament 13th January 2022
Coming into force 4th February 2022
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 45A1, 45AA2, 473, 47ZA4, 47A(4B) and (5)5, 48(1) and (2)6, 49(2) and (2A)7, 138(7) of, and paragraph 2B8of Schedule 14 to, the School Standards and Framework Act 19989and section 24(3) of the Education Act 200210.
PART 1
Introduction
Citation, commencement, application and interpretation
1.—(1) These Regulations may be cited as the School and Early Years Finance (England) Regulations 2022 and come into force on 4th February 2022.
(2) These Regulations apply in relation to the financial year beginning on 1st April 2022.
(3) These Regulations apply in relation to England.
(4) In these Regulations—
“1989 Act” means the Children Act 198911;
“1996 Act” means the Education Act 199612;
“1998 Act” means the School Standards and Framework Act 1998;
“2002 Act” means the Education Act 2002;
“2003 Act” means the Local Government Act 200313;
“2005 Act” means the Education Act 200514;
“2006 Act” means the Education and Inspections Act 200615;
“2010 Act” means the Academies Act 201016;
“2014 Act” means the Children and Families Act 201417;
“2014 Regulations” means the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 201418;
“2021 Regulations” means the School and Early Years Finance (England) Regulations 202119;
“2012 Document” means the document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State on 27th March 201220;
“2014 Document” means the document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State on 31st March 201421;
“2017 Document” means the document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State on 3rd March 201722;
“2017 ARA” means the document entitled “2017 Key Stage 2 Assessment and Reporting Arrangements”23containing provisions made under Article 11 of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003, made under section 87(3) of the 2002 Act;
“2018 ARA” means the document entitled “2018 Key Stage 2 Assessment and Reporting Arrangements”24containing provisions made under Article 11 of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003, made under section 87(3) of the 2002 Act;
“2019 ARA” means the document entitled “2019 Key Stage 2 Assessment and Reporting Arrangements”25containing provisions made under Article 11 of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003, made under section 87(3) of the 2002 Act;
“academic year” means any period commencing with 1st August and ending with the next 31st July;
“administrative costs and overheads” includes—
(i) expenditure on legal services;
(ii) expenditure in relation to the investigation and resolution of complaints;
(iii) expenditure related to functions imposed by or under Chapter 4 of Part 2 of the 1998 Act (financing of maintained schools), the administration of grants to the authority (including preparation of applications) and, where it is the authority’s duty to do so, ensuring payments are made in respect of taxation, national insurance and superannuation contributions; and
(iv) expenditure on recruitment, training, continuing professional development, performance management and personnel management of staff who are funded by expenditure not met from schools’ budget shares and who are paid for services;
“all-through schools” means those primary or secondary schools known by this title where pupils may join the school at an age of between three and five years and remain at the school until the age of between 16 and 19 years;
“capital expenditure” means expenditure of a local authority which falls to be capitalised in accordance with proper accounting practices, or expenditure treated as capital expenditure by virtue of any regulations or directions made under section 16 of the 2003 Act26;
“central expenditure” means, in respect of the funding period, the total amount deducted by a local authority from its schools budget in accordance with regulation 8 or, in respect of the previous funding period, the total amount deducted by a local authority from its schools budget in accordance with regulation 8 of the 2021 Regulations;
“CERA” means capital expenditure which a local authority expects to charge to its revenue account within the meaning of section 22 of the 2003 Act;
“closest compatible school” means, in respect of a pupil, the school which is the closest by road from the pupil’s home and which admits pupils of the pupil’s age and sex, other than—
(i) a selective school;
(ii) a special school27; or
(iii) an independent school which is not an Academy school28;
“community early years provision” means funded early years provision provided by the governing body of a maintained school under section 27(1) of the 2002 Act to children other than pupils at the school, where the local authority has chosen to fund such provision;
“Dedicated Schools Grant” means the grant of that name paid to a local authority by the Secretary of State under section 14 of the 2002 Act;
“early years block” means the amount of funding allocated to a local authority in relation to early years provision in the Dedicated Schools Grant during the funding period;
“the Early Years Foundation Stage Profile” has the meaning given by section 2 of the 2012 Document, the 2014 Document, or the 2017 Document as the context specifies more particularly;
“early years provision” has the meaning given by section 20 of the Childcare Act 200629;
“early years pupil premium” means funding supplied by the Department for Education for the purpose of early years provision to children who meet the criteria in regulation 17(2);
“EHC plan” has the meaning given by section 37(2) of the 2014 Act;
“eligibility for free school meals” means eligibility for free lunches under section 512ZB of the 1996 Act30;
“excluded early years provision” means early years provision provided by a provider—
(i) which is an independent school (other than an Academy school) which does not meet the standards prescribed under section 94 of the Education and Skills Act 200831in relation to the spiritual, moral, social and cultural development of pupils at the school; or
(ii) which the local authority has reasonable grounds to believe—
(aa) does not actively promote the fundamental British values of democracy, the rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs; or
(bb) promotes, as evidence-based, views and theories which are contrary to established scientific or historical evidence and explanations;
“expenditure on the schools specific contingency” is central expenditure deducted for the purpose of ensuring that monies are available to enable an increase in a school’s budget share after it has been allocated and where it subsequently becomes apparent that a governing body has incurred expenditure which it would be unreasonable to expect it to meet from the school’s budget share, which may include expenditure in relation to—
(i) schools in financial difficulty;
(ii) the writing off of deficits of schools which are discontinued, excluding any associated costs and overheads;
(iii) new, amalgamating or closing schools; or
(iv) circumstances which were unforeseen when the school’s budget share was initially determined;
“funded early years provision” means—
(i) early years provision prescribed for the purposes of section 7(1) of the Childcare Act 2006; and
(ii) early years provision specified for the purposes of section 2(1) of the Childcare Act 201632;
“funding period” means the financial year beginning on 1st April 2022;
“home school” means, in respect of a pupil, the school which is the closest by road from the pupil’s home and which admits pupils of the pupil’s age and sex, other than—
(i) a special school; or
(ii) an independent school which is not an Academy school;
“hospital education” means education provided at a community special school or foundation special school established in a hospital, or under any arrangements made by the local authority under section 19 of the 1996 Act (exceptional provision of education), where the child is being provided with such education by reason of a decision made by a medical practitioner, and “hospital education places” shall be read accordingly;
“IDACI” means the Income Deprivation Affecting Children Index referred to in the document named “Statistical release – main findings” under the title for the collection of related data and documents, “English Indices of Deprivation 2019” published by the Ministry for Housing and Local Government33;
“key stage” means the key stage of the National Curriculum for England comprising the requirements and entitlements described in sections 84, 85 and 85A of the 2002 Act34and “key stage 1”, “key stage 2”, “key stage 3” and “key stage 4” mean, respectively, the first, second, third and fourth key stages referred to in those sections;
“looked after child” has the meaning given by—
(i) section 22(1) of the 1989 Act; or
(ii) section 74(1) of the Social Services and Well-being (Wales) Act 201435;
“LSOA rank” means the rank allocated to a pupil in respect of the Lower-layer Super Output Area in which the pupil lives under IDACI;
“middle school single sum formula” is
where—
(i)A is the amount allocated per school by the authority under paragraph 1(a) of Schedule 3 (primary single sum);
(ii)B is the number of primary-age year groups in the school;
(iii)C is the number of...
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