The Education (Budget Statements) (England) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/377 |
| Year | 2008 |
2008 No. 377
Education, England
The Education (Budget Statements) (England) Regulations 2008
Made 15th February 2008
Laid before Parliament 27th February 2008
Coming into force 20th March 2008
The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 52(1), (1A), (3) and (4) and 138(7) of the School Standards and Framework Act 19981.
Citation, commencement and application
1.—(1) These Regulations may be cited as the Education (Budget Statements) (England) Regulations 2008 and come into force on 20th March 2008.
(2) These Regulations apply only in relation to England and only in relation to budget statements prepared for the period prescribed in regulation 3.
Interpretation
2.—(1) 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 2005 Act” means the Education Act 20055;
“the 2006 Act” means the Education and Inspections Act 20066;
“the 2008 Regulations” means the School Finance (England) Regulations 20087;
“adult and community learning” means part-time education (including vocational, social, physical, recreational training and organised leisure-time occupation) provided by a local education authority to persons of any age living or working in their area which is not primary education, secondary education, FE or HE;
“AEN” means additional educational needs comprising—
(a) language needs associated with English as an Additional Language (EAL),
(b) learning needs related to autistic spectrum disorders, dyslexia, dyspraxia, attention deficit hyperactivity disorder, speech and language difficulties, sensory impairment and physical disabilities,
(c) social need arising from deprivation, and
(d) other additional learning needs not associated with the matters referred to in (a), (b) or (c), including the need to improve attainment and emotional and behavioural needs;
“allocation formula” means a local education authority’s formula under regulation 9 of the 2008 Regulations used to determine schools’ budget shares;
“AWPU” means age-weighted pupil unit;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“capital expenditure” means expenditure of a local authority which falls to be capitalised in accordance with proper practices, or expenditure which shall be treated as capital expenditure by virtue of any regulations or directions made under section 16 of the Local Government Act 20038;
“central expenditure” means the total amount deducted by a local education authority from their schools budget;
“central expenditure limit” means the limit on central expenditure imposed by regulation 7 of the 2008 Regulations;
“centrally retained budgets” means expenditure on the classes or descriptions of planned expenditure specified in Schedule 2 to the 2008 Regulations;
“CERA” means capital expenditure which a local authority expects to charge to a revenue account of the authority as defined in section 22 of the Local Government Act 2003;
“combined services” has the meaning given to that expression in regulation 1(4) of the 2008 Regulations;
“Connexions” means a multi-agency information advice and guidance service for all young people aged 13-19 and for young people up to the age of 25 with learning difficulties or disabilities;
“contribution to combined budgets” means expenditure by a local education authority on combined services;
“Dedicated Schools Grant” (“DSG”) means a grant under that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“devolved” means paid to schools, but not as part of their budget shares;
“discretionary award” means an award which a local education authority may bestow on persons ordinarily resident in their area in connection with attendance on education or training courses or for the purposes of conducting research under the provisions of section 2 of the Education Act 19629;
“Education Welfare Service” means a service provided by a local education authority for the purpose of reducing levels of unauthorised absence from schools;
“early years expenditure on the free entitlement” means expenditure on nursery education for three and four year olds provided by PVI providers or in primary schools;
“factor” means one of the additional factors or criteria set out in Schedule 3 to the 2008 Regulations which may be taken into account in a local education authority’s formula under regulation 19 of those Regulations;
“FTE” means full time equivalent;
“funding period 1” is the financial year beginning on 1st April 2008;
“funding period 2” is the financial year beginning on 1st April 2009;
“funding period 3” is the financial year beginning on 1st April 2010;
“ghost-funding” means the funding of places in infant classes as a formula factor under paragraph 35 of Schedule 3 to the 2008 Regulations10;
“HE” means higher education;
“ISB” means the individual schools budget;
“KS” means a key stage as defined in section 82 of the 2002 Act;
“LSC” means the Learning and Skills Council for England11;
“MFG” means minimum funding guarantee, that is to say the amount calculated in accordance with regulation 20 of, and Schedule 4 to, the 2008 Regulations which must be included in any determination or redetermination of a maintained school’s budget share in accordance with regulation 20 of those Regulations;
“non-devolved” means held as central expenditure;
a reference to “parent partnership” means a reference to planned expenditure on services provided by local education authorities under section 332A of the 1996 Act12;
“Performance Reward Grant” means a grant of that name paid under section 31 of the Local Government Act 2003 by the Secretary of State to a local authority for the purpose of rewarding improvements in local services;
“place-led funding” means the funding of places in schools where a local education authority exercise their discretion to do so under regulation 16 or 17 of the 2008 Regulations;
“primary or secondary school” means a primary or secondary school which is a community, foundation, voluntary or maintained nursery school;
“proper practices” means those accounting practices which a local authority are required to follow by virtue of any enactment, or which, so far as they are consistent with any such enactment are generally regarded, whether by reference to any generally recognised published code or otherwise, as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned;
“prudential borrowing” has the meaning given to that expression in regulation 1(4) of the 2008 Regulations;
“prudential borrowing costs” means expenditure incurred on prudential borrowing;
a reference to “pupil support” means a reference to expenditure on a local education authority’s functions under section 510 and 514 of the 1996 Act (provision of administration of clothing grants and boarding grants) and pursuant to regulations made under section 518(1)(a) of that Act;
“pupil-led funding” means the funding of pupils in maintained schools in accordance with regulation 15, 17(1)(a) or 17(3)(a) of the 2008 Regulations;
“PVI providers” means persons other than governing bodies of primary schools, local education authorities or the proprietors of Academies who provide nursery education for three and four year olds for which no charge is made;
“school” means a maintained school13;
“School Development Grant” means a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“schools specific contingency” has the meaning given to that expression in regulation 1(4) of the 2008 Regulations;
“School Standards Grant – Maintained Schools” means a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“School Standards Grant (Personalisation) – Maintained Schools” means a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“School Standards Grant (Personalisation) – Pupil Referral Units” means a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“School Standards Grant – Pupil Referral Units” means a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“Standards Fund Grant” means a grant of that name paid to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“SEN” means special educational needs, which has the meaning given to that expression by section 312 of the 1996 Act;
“SEN transport” has the meaning given to that expression in regulation 1(4) of the 2008 Regulations;
“statement”, in relation to a pupil with special educational needs, means a statement made under section 324 of the 1996 Act;
“support for schools in financial difficulty” means a class of planned expenditure which may be deducted from the schools budget of a local education authority under paragraph 32 of Schedule 2 to the 2008 Regulations;
“termination of employment costs” has the meaning given to that expression in regulation 1(4) of the 2008 Regulations;
“youth service” is a service provided by a local education authority under sections 15B14and 507A and 507B15of the 1996 Act and section 114 of the 2000 Act.
(2) In these Regulations—
(a)
(a) references to the number, or numbers, of registered pupils at one or more schools are references to the number, or numbers, of such pupils required under the allocation formula to be used for the initial determination of that school’s budget share, or those schools’...
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