Financing of Maintained Schools (England) Regulations 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/453 |
2003 No. 453
EDUCATION, ENGLAND
The Financing of Maintained Schools (England) Regulations 2003
Made 27th February 2003
Laid before Parliament 28th February 2003
Coming into force 21th March 2003
In exercise of the powers conferred on the Secretary of State by sections 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 1
INTRODUCTION
Citation, commencement, application and interpretation
1.—(1) These Regulations may be cited as the Financing of Maintained Schools (England) Regulations 2003 and shall come into force on 21st March 2003.
(2) These Regulations shall apply for the purposes of the financing of maintained schools in England in the financial year beginning on 1st April 2003.
(3) In these Regulations–
“the 1996 Act” means the Education Act 19962;
“the 1998 Act” means the School Standards and Framework Act 1998;
“the 2000 Act” means the Learning and Skills Act 20003;
“the 2002 Act” means the Education Act 20024;
“the 1998 Regulations” means the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 19985;
“the 1999 Regulations” means the Financing of Maintained Schools Regulations 19996;
“the 2000 Regulations” means the Financing of Maintained Schools (England) Regulations 20007;
“the 2001 Regulations” means the Financing of Maintained Schools (England) Regulations 20018;
“the 2002 Regulations” means the Financing of Maintained Schools (England) Regulations 20029; and
“the Budget Regulations” means the LEA Budget, Schools Budget and Individual Schools Budget Regulations (England) 200210.
(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 sections 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act, section 70 of the 2002 Act or section 113A of and Schedule 7A to the 2000 Act11.
(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 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 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 Act12.
(10) 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.
(11) In these Regulations a reference to the LSC is a reference to the Learning and Skills Council for England13.
(12) In these Regulations, a reference to a local education authority’s formula is a reference to a formula as provided in regulation 7.
Revocation of the 2001 Regulations and operation of the 2002 Regulations
2.—(1) The 2001 Regulations and the Financing of Maintained Schools (England) (Amendment No 3) Regulations 200214shall be revoked on 1st April 2003.
(2) A school’s budget share for the financial year beginning on 1st April 2002 may only be redetermined in the financial year beginning on 1st April 2003 in accordance with the provisions of the 2002 Regulations if 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 2
SCHOOLS' BUDGET SHARES : MAIN PROVISIONS
Determination of budget shares
3. This Part and Part 3 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 2003.
Allocation of individual schools budget
4. A local education authority shall allocate in the financial year beginning on 1st April 2003 in accordance with this Part and Part 3 all of their individual schools budget for that financial year as the budget shares of schools which they maintain.
Timing of determination of budget shares
5.—(1) The amount of a school’s budget share for the financial year beginning on 1st April 2003 shall be initially determined by the local education authority before the beginning of that financial year.
(2) A local education authority may decide not to initially allocate all of their individual schools budget in accordance with this Part in the form of budget shares at the beginning of the financial year and instead to retain an amount for the purpose of redeterminations or the correction of errors but such amount must be used for that purpose or distributed to schools as required by regulation 21(5) before the end of the financial year.
Consultation
6.—(1) Subject to paragraph (2), a local education authority shall consult the governing body and head teacher of every school which they maintain about any proposed changes in relation to the factors and criteria that were taken into account, or the methods, principles and rules that were adopted, in their formula under the 2002 Regulations in the financial year beginning on 1st April 2002 (including any new factors, criteria, methods, principles or rules).
(2) Paragraph (1) shall not apply to changes made pursuant to regulation 5(2), 15, 20, 21(5) or 22.
(3) Consultation under this regulation shall take place in sufficient time to allow the outcome to be taken into account in the determination of the authority’s formula and in the initial determination of schools' budget shares before the beginning of the financial year.
(4) The requirement to consult in paragraph (1) can be satisfied by consultation which takes place during the financial year beginning on 1st April 2002 before the coming into force of these Regulations.
(5) A local education authority shall inform all those who were consulted of the outcome of the consultation.
Formula for determination of budget shares
7.—(1) A local education authority shall determine before the beginning of the financial year beginning on 1st April 2003, and after the consultation referred to in regulation 6, the formula which they will use to determine schools' budget shares in that financial year having regard to the factors, criteria and requirements set out in this Part and in Part 3.
(2) A local education authority shall have regard to the desirability of such a formula being simple, objective, measurable and predictable in effect, and clearly expressed.
(3) A local education authority may not use factors or criteria in their formula under this Part which make an allowance, in whole or in part, for–
(a)
(a) any amount allocated to the school from school standards grant paid to the authority under section 14 of the 2002 Act; or
(b)
(b) any amount included in the school’s budget share for the year beginning 1 April 2002 by virtue of Part IV of the 2002 Regulations; or
(c)
(c) any education standards grants, received by the authority pursuant to section 14 of the 2002 Act or section 484 of the 1996 Act, paid in respect of capital projects, of an amount determined by the Secretary of State by reference to a formula, and decisions about the spending of which the authority are required to delegate to the governing bodies of schools.
(4) Subject to regulation 28 (additional arrangements approved by the Secretary of State), a local education authority shall use the formula determined under paragraph (1) in all determinations and redeterminations of budget shares in respect of the financial year.
Pupil numbers
8.—(1) In determining budget shares for primary and secondary schools, a local education authority shall take into account in their formula the number of registered pupils at those schools on such date or dates as may be determined by the authority in accordance with regulation 9, weighted if the authority consider it appropriate in accordance with paragraph (5).
(2) For the purposes of paragraph (1), the number of registered pupils does not include—
(a)
(a) pupils in places which the authority recognise as reserved for children with special educational needs or (except where the local education authority chooses not to exercise their discretion under regulation 11 in respect of children in nursery classes) for children in nursery classes; or
(b)
(b) in relation to the funding of boarding accommodation only, pupils in boarding accommodation at boarding schools other than special schools;
(c)
(c) pupils in respect of whom grant is payable to the authority by the LSC; or
(d)
(d) pupils in classes in respect of which funding is allocated under regulation 12(4).
(a)
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