Financing of Maintained Schools Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/101 |
| Year | 1999 |
1999 No. 101
EDUCATION, ENGLAND AND WALES
The Financing of Maintained Schools Regulations 1999
Made 17th January 1999
Coming into force 24th January 1999
In exercise of the powers conferred on the Secretary of State by sections 46, 47, 48(1) and (2), 138(7) and (8) and 144(1) and (2)(g) of, and paragraph 1(7) of Schedule 14 to, the School Standards and Framework Act 19981the Secretary of State for Education and Employment, as regards England, and the Secretary of State for Wales, as regards Wales, hereby make the following Regulations, a draft of which has been laid before, and approved by, each House of Parliament:
PART I
INTRODUCTION
Citation, commencement, application and interpretation
1.—(1) These Regulations may be cited as the Financing of Maintained Schools Regulations 1999 and shall come into force on the seventh day after the day on which they are made.
(2) These Regulations shall apply for the purposes of the financing of maintained schools in any financial year beginning on or after 1st April 1999.
(3) In these Regulations—
“the 1996 Act” means the Education Act 19962;
“the 1998 Act” means the School Standards and Framework Act 1998;
“the 1998 Regulations” mean the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 19983.
(4) In these Regulations “maintained school” means—
(a)
(a) in relation to the period ending immediately before 1st September 1999, a county, voluntary, maintained special, grant-maintained or grant-maintained special school within the meaning of the 1996 Act; and
(b)
(b) in relation to the period beginning on 1st September 1999, a community, foundation or voluntary school or a community or foundation special school.
(5) In these Regulations a reference (however framed) to a county, voluntary or maintained special school within the meaning of the 1996 Act includes a proposed school proposals for the establishment of which have been published under section 35, 41 or 339(1) of the 1996 Act but not yet implemented and which has a temporary governing body.
(6) In these Regulations a reference (however framed) to a community, foundation or voluntary school or a community or foundation special school includes a proposed school which on implementation of proposals under section 35, 41 or 339(1) of the 1996 Act or section 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act will be such a school and which has a temporary governing body.
(7) In these Regulations a reference to a governing body includes the temporary governing body of a proposed school falling within paragraph (5) or (6).
(8) In these Regulations a reference to a primary or secondary school—
(a)
(a) in relation to the period ending immediately before 1st September 1999, means a primary or secondary school which is a county, voluntary or grant-maintained school within the meaning of the 1996 Act; and
(b)
(b) in relation to the period beginning on 1st September 1999, means a primary or secondary school which is a community, foundation or voluntary school.
(9) In these Regulations a reference (however framed) to schools maintained by a local education authority does not include schools which are not maintained schools as defined in paragraph (4).
(10) In these Regulations a reference to the permanent exclusion of a pupil is a reference to his permanent exclusion as defined from time to time for the purposes of section 494 of the 1996 Act4.
(11) Unless the context otherwise requires, words or expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions set out opposite thereto in the second column.
budget share |
section 47(1) of the 1998 Act |
delegated budget |
section 49(7) of the 1998 Act |
expenditure |
regulation 2(2) of these Regulations (for the purposes of Part II of these Regulations) |
financial year |
section 579(1) of the 1996 Act |
formula |
regulation 10 of these Regulations |
individual schools budget |
section 46(2) of the 1998 Act |
key stage |
section 355 of the 1996 Act |
local schools budget |
section 46(1) of the 1998 Act |
maintained school |
regulation 1(4) of these Regulations |
maintenance grant |
sections 244(1) and 250(1) of the 1996 Act |
nursery school |
section 6(1) of the 1996 Act |
permanent exclusion |
regulation 1(10) of these Regulations |
scheme |
section 48(5) of the 1998 Act (in relation to the period on and after 1st April 1999) or section 101(1) of the 1996 Act (in relation to the period before 1st April 1999) |
school maintained by a local education authority |
regulation 1(9) of these Regulations |
school year |
section 579(1) of the 1996 Act5 |
special educational needs |
section 312(1) of the 1996 Act. |
(12) Unless the context otherwise requires, a reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, these Regulations so numbered and a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
PART II
LOCAL AND INDIVIDUAL SCHOOLS BUDGET
Local schools budget
2.—(1) The classes or descriptions of local education authority expenditure specified in sub-paragraphs (a) and (b) below are hereby prescribed for the purposes of section 46(1) of the 1998 Act and the determination of a local education authority’s local schools budget subject to the exceptions in regulation 3—
(a)
(a) expenditure incurred in connection with the authority’s functions in relation to the provision of primary and secondary education; and
(b)
(b) expenditure on items listed in paragraph 25(a) to (d) and (r) to (t) of Schedule 1 or, as the case may be, paragraph 28(a) to (d) and (r) to (t) of Schedule 2, in so far as such expenditure does not fall within sub-paragraph (a) above.
(2) For the purposes of this Part expenditure does not include expenditure defrayed by fees and charges collected by the governing body of a maintained school which are—
(a)
(a) specifically required or permitted to be collected by any provision of the Education Acts; or
(b)
(b) in respect of the use of school premises or equipment.
Exceptions
3. A local education authority’s local schools budget shall not include the following classes or descriptions of expenditure—
(a) expenditure in connection with nursery schools;
(b) expenditure in connection with any provision made for children who have not attained the age of five except where such provision is made at a maintained school or the expenditure is by way of fees paid under section 320 or 348 of the 1996 Act (special provision for children with special educational needs);
(c) expenditure in making payments to another local education authority pursuant to section 492, 493 or 4946of the 1996 Act (recoupment between authorities);
(d) expenditure which the authority capitalise in their accounts in accordance with proper practices being those accounting practices—
(i) which the authority are required to follow by virtue of any enactment, or
(ii) which, whether by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned,
but in the event of any conflict in any respect between the practices falling within sub-paragraph (i) above and those falling within sub-paragraph (ii) above, only those falling within sub-paragraph (i) above are to be regarded as proper practices7;
(e) expenditure offset by income received from Her Majesty’s Chief Inspector of Schools in England or Her Majesty’s Chief Inspector of Schools in Wales; and
(f) expenditure for the purposes of section 26 of the Road Traffic Regulation Act 19848(arrangements for patrolling school crossings).
Individual schools budget for local education authorities in England
4. A local education authority in England may deduct from their local schools budget any or all of the classes or descriptions of planned expenditure set out in Schedule 1, in whole or in part, in order to arrive at their individual schools budget for a financial year.
Individual schools budget for local education authorities in Wales
5.—(1) Subject to paragraphs (2) to (4), a local education authority in Wales may deduct from their local schools budget any or all of the classes or descriptions of planned expenditure set out in Schedule 2, in whole or in part, in order to arrive at their individual schools budget for a financial year.
(2) Paragraphs 23, 25, 29, 39 and 42 of Schedule 2 do not apply in relation to planned expenditure in respect of schools which are, or were immediately before 1st April 1999, grant-maintained schools.
(3) In the case of planned expenditure in respect of other maintained schools, planned expenditure of a kind referred to in paragraphs 23, 29, 39 and 42 of Schedule 2—
(a)
(a) may not be deducted by an authority from their local schools budget for the financial year beginning on 1st April 1999 unless expenditure of the same class or description in the financial year beginning on 1st April 1998 did not form part of, or was deducted pursuant to the terms of the authority’s scheme (within the meaning of the 1996 Act) as then in force from, the authority’s general schools budget (within the meaning of the 1996 Act) for that financial year; and
(b)
(b) may not be deducted by an authority from their local schools budget for any financial year beginning after 1st April 1999.
(4) Planned expenditure of the kind referred to in paragraph 25(a) of Schedule 2 in relation to secondary schools may not be deducted by an authority from their local schools budget for...
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