Financing of Maintained Schools (England) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/377 |
2002 No. 377
EDUCATION, ENGLAND
The Financing of Maintained Schools (England) Regulations 2002
Made 21th February 2002
Laid before Parliament 22th February 2002
Coming into force 15th March 2002
In exercise of the powers conferred on the Secretary of State by sections 46, 47, 48(1) and (2) and 138(7) of, and paragraph 1(7) of Schedule 14 to, the School Standards and Framework Act 19981the Secretary of State for Education and Skills hereby makes the following Regulations:
PART I
INTRODUCTION
Citation, commencement, application and interpretation
1.—(1) These Regulations may be cited as the Financing of Maintained Schools (England) Regulations 2002 and shall come into force on 15th March 2002.
(2) These Regulations shall apply for the purposes of the financing of maintained schools in England in the financial year beginning on 1st April 2002.
(3) In these Regulations—
“the 1996 Act” means the Education Act 19962;
“the 1998 Act” means the School Standards and Framework Act 1998;
“the 1999 Regulations” means the Financing of Maintained Schools Regulations 19993;
“the 2000 Regulations” means the Financing of Maintained Schools (England) Regulations 20004;
“the 2001 Regulations” means the Financing of Maintained Schools (England) Regulations 20015.
(4) In these Regulations “maintained school” means a community, foundation or voluntary school or a community or foundation special school.
(5) In these Regulations a reference to proposals for the establishment of a school is a reference to a proposal for the establishment of the school 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.
(6) In these Regulations, except in Part IV where the definition in regulation 28 applies, 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 for the establishment of the school 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 (6).
(8) In these Regulations a reference to a primary or secondary school 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 Act6.
(11) In these Regulations references to net expenditure or to a net local schools budget—
(a)
(a) are references to that expenditure or that local schools budget net of related fees, charges, specific grant or other income received by the local education authority;
(b)
(b) except that there is not to be deducted in order to arrive at the net local schools budget, any specific grant which is used to support expenditure through the individual schools budget or which is a specific grant only to the extent that it has to be used for supporting any or all of the authority’s expenditure through the local schools budget.
(12) In these Regulations a reference to a former grant-maintained or grant-maintained special school is a reference to a school which was such a school within the meaning of the 1996 Act immediately before 1st April 1999.
(13) In these Regulations a reference to the LSC is a reference to the Learning and Skills Council for England7.
(14) 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 3(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(1) 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 |
school maintained by a local education authority |
regulation 1(9) of these Regulations |
school year |
section 579(1) of the 1996 Act8 |
special educational needs |
section 312(1) of the 1996 Act. |
(15) Unless the context otherwise requires, a reference in these Regulations to a numbered regulation, Part or Schedule is a reference to the regulation or Part 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.
Revocation of the 2000 Regulations and operation of the 2001 Regulations
2.—(1) The 2000 Regulations and the Financing of Maintained Schools (England) (No.2) Regulations 20009shall be revoked on 1st April 2002.
(2) A school’s budget share for the financial year beginning on 1st April 2001 may only be redetermined in the financial year beginning on 1st April 2002 in accordance with the provisions of the 2001 Regulations or the Financing of Maintained Schools (England) (Amendment) Regulations 200110if such redetermination makes provision for—
(a)
(a) pupils permanently excluded or admitted following a permanent exclusion; or
(b)
(b) the correction of errors, whether in calculation or data, under any of the provisions of those Regulations.
PART II
LOCAL AND INDIVIDUAL SCHOOLS BUDGET
Local schools budget
3.—(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 4—
(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 27(a), (b), (d) and (r) to (t) of Schedule 1 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
4. 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 on payments to another local education authority pursuant to section 492, 493 or 494 of the 1996 Act (recoupment between authorities);
(d) expenditure which the authority propose to 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 practices11;
(e) expenditure expected to be offset by income received from Her Majesty’s Chief Inspector of Schools in England or Her Majesty’s Chief Inspector of Schools in Wales;
(f) expenditure for the purposes of section 26 of the Road Traffic Regulation Act 198412(arrangements for patrolling school crossings); and
(g) expenditure on the payment of allowances under section 518 of the 1996 Act to pupils over compulsory school age to the extent that it is expected to be offset by specific grant paid by the Secretary of State or the LSC.
Individual schools budget
5. A local education authority 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 the financial year.
PART III
SCHOOLS' BUDGET SHARES: MAIN PROVISIONS
Determination of budget shares
6. This Part and Parts IV and V apply for the purposes of determining the amount which a local education authority may determine as a maintained school’s budget share for the financial year beginning on 1st April 2002.
Allocation of individual schools budget
7. A local education authority shall allocate in the financial year beginning on 1st April 2002 in...
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