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New schools
     17.  - (1) In the case of - 

(a) a proposed school referred to in regulation 1(5) or (6);

(b) a school proposals for the establishment of which have not been fully implemented;

(c) a school which is the subject of a significant change of character, a significant enlargement of its premises or a transfer to a new site under the 1996 Act; or

(d) a school which is the subject of a prescribed alteration within the meaning of the 1998 Act,

the local education authority shall include factors or criteria in their formula which enable them to determine the school's budget share so as to take into account the particular needs of the school or proposed school; and in particular may, in any financial year preceding the financial year in which a school first admits pupils, determine the amount of the budget share as zero.

    (2) For the purposes of these Regulations, proposals for the establishment of a school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the local education authority, reached - 

(a) that number of pupils indicated, when proposals for the establishment of the school were published, as the number of pupils to be admitted to each age group when the proposals were fully implemented; or

(b) if no such number was indicated, such number as the authority may determine.

Transitional funding for schools in England
     18.  - (1) In relation to the financial year beginning on 1st April 1999, a local education authority in England shall determine the budget share of a school which had received maintenance grant in the preceding financial year calculated in accordance with the 1998 Regulations, so as to include an amount for transitional funding.

    (2) The amount referred to in paragraph (1) is the amount if any by which the school's protected level of funding in respect of the financial year beginning on 1st April 1998, determined by the Secretary of State in accordance with Schedule 4 and notified in writing to the authority, is greater than the school's adjusted budget share for the financial year beginning on 1st April 1999.

    (3) For the purposes of this regulation a school's adjusted budget share is its budget share determined in accordance with this Part but not taking into account the effect of this regulation and regulation 16(4) (budget share adjustments) or regulation 21 (additional provisions for determinations and redeterminations).

    (4) A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.

Redetermination of budget shares
     19.  - (1) A local education authority shall include factors or criteria in their formula which enable them to redetermine a school's budget share during the course of a financial year to take account of - 

(a) changes during the financial year in the number or estimates of the number of registered pupils at the school by reference to which the budget share was determined;

(b) other changes during the financial year in the data by reference to which the budget share was determined; and

(c) changes during the financial year in the amount of the authority's individual schools budget.

    (2) A local education authority may not redetermine in accordance with paragraph (1) the budget share of a school in receipt of transitional funding under regulation 18 so as to reduce the amount of that school's budget share.

    (3) A local education authority shall set out in their formula the factors or criteria that they will use, in redetermining schools' budget shares in accordance with paragraph (1), to allocate the planned expenditure referred to in paragraph 31 of Schedule 1 or paragraph 34 of Schedule 2.

    (4) A local education authority shall include factors or criteria in their formula which enable them to adjust the number of registered pupils used to determine a school's budget share where it is appropriate to do so in order to take into account, wholly or partly - 

(a) any reduction or increase in the school's budget share under regulation 20 (pupils permanently excluded or admitted following a permanent exclusion); or

(b) any increase in the school's budget share under this regulation in respect of significant increases in pupil numbers funded by the planned expenditure referred to in paragraph 31 of Schedule 1 or paragraph 34 of Schedule 2.

Pupils permanently excluded or admitted following a permanent exclusion
     20.  - (1) Where a pupil is permanently excluded from a school maintained by a local education authority, the authority shall redetermine the school's budget share for that financial year in accordance with paragraph (2).

    (2) The school's budget share shall be reduced by the amount

A is the amount, in the financial year in which the permanent exclusion takes effect (as defined from time to time for the purposes of section 494 of the 1996 Act[9] ("the relevant date")), determined by the authority, in accordance with this Part, to be attributable to a registered pupil of the same age and characteristics as the pupil in question at primary or secondary schools maintained by the authority:

     For the purposes of this definition the amount attributable to a registered pupil is the sum of the amounts determined in accordance with the authority's formula or regulation 23 by reference to pupil numbers rather than by reference to the number of places at the school or any other factor or criteria not dependent on pupil numbers; and

B is the number of complete weeks remaining in the financial year calculated from the relevant date:

     EXCEPT that where the permanent exclusion takes effect on or after 1st April in a school year at the end of which pupils of the same age or age group as the pupil in question normally leave that school prior to being admitted to a middle or secondary school (including a special school which would apart from regulation 1(8) be a secondary school), B is the number of complete weeks remaining in that school year calculated from the relevant date.

    (3) Where a pupil is admitted to a school maintained by a local education authority ("the admitting school") who has been permanently excluded from another maintained school in that financial year the authority shall redetermine the admitting school's budget share in accordance with paragraph (4).

    (4) The school's budget share shall be increased by an amount which may not be less than the amount

D is the amount by which the authority reduce the budget share of the school from which the pupil was permanently excluded or would have reduced it had that school been maintained by the authority;

E is the number of complete weeks remaining in the financial year during which the pupil is a registered pupil at the admitting school;

F is the number of complete weeks remaining in the financial year calculated from the relevant date.

    (5) A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.

Additional provisions for determinations and redeterminations for the financial year beginning on 1st April 1999
     21.  - (1) A local education authority may, in the case of a school which is, or was immediately before 1st April 1999, a county, voluntary or maintained special school within the meaning of the 1996 Act, determine or redetermine that school's budget share for the financial year beginning on 1st April 1999 to take into account changes, during the course of any preceding financial year, in data, other than pupil numbers, by reference to which the school's budget share within the meaning of the 1996 Act for that year was determined if - 

(a) such changes have not already been taken into account in any determination or redetermination of that school's budget share within the meaning of the 1996 Act for a preceding financial year; and

(b) such determination or redetermination as is proposed in the financial year commencing on 1st April 1999 could also have been made in the financial year beginning on 1st April 1998, as a determination or redetermination under the terms of the authority's scheme in force in that year or, as a consequence of a revision to that scheme, could have been made as part of the initial determination of a school's budget share for the financial year beginning on 1st April 1999.

    (2) A local education authority shall, in the case of a school which is, or was immediately before 1st April 1999, a grant-maintained or grant-maintained special school, determine or redetermine that school's budget share for the financial year beginning on 1st April 1999 to take into account changes, during the course of any preceding financial year, in data, other than pupil numbers, by reference to which the school's maintenance grant for that year was determined if - 

(a) such changes have not already been taken into account in any determination or redetermination of that school's maintenance grant for a preceding financial year; and

(b) such determination or redetermination as is proposed in the financial year commencing on 1st April 1999 could also have been made on 1st April 1998 as a determination or redetermination of the school's maintenance grant for the preceding financial year in question.

    (3) A local education authority shall determine or redetermine a school's budget share in accordance with paragraph (2) by adding or subtracting an amount determined by the Secretary of State, in accordance with the provisions of the regulations made under section 244(2) of the 1996 Act (for England or Wales as the case may be) in force on 1st April 1998 and as if any reference in the regulations for England to the Funding Agency for Schools was a reference to the Secretary of State.

    (4) A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.

Percentage of "pupil-led" funding
     22. In determining and redetermining budget shares for primary and secondary schools a local education authority shall ensure that their formula provides that at least 80 per cent. of the amount which is their individual schools budget, less the aggregate of the sum of the budget shares of special schools and any transitional funding determined under regulation 18, is allocated in one or more of the following manners - 

(a) in accordance with regulation 11(1) or (5);

(b) in accordance with any other factors or criteria using pupil numbers which provide for the same funding for pupils of the same age irrespective of the nature of the school which they attend;

(c) to places in primary schools which the authority recognise as reserved for children in nursery classes;

(d) for children with special educational needs who do not have statements of special educational needs but only up to 5 per cent. of the total amount allocated by the authority to primary and secondary schools from their individual schools budget;

(e) to places in primary or secondary schools which the authority recognise as reserved for children with special educational needs;

(f) for pupils with statements of special educational needs where funding in respect of such pupils forms part of schools' delegated budgets;

(g) by reference to any or all of the following: the recruitment of, the length, type and subject matter of courses taken by, and the achievements of, pupils in a sixth form at a school; and

(h) in the case of a local education authority in Wales, by reference to the record of a school in recruiting and retaining pupils in the sixth form by comparison with other schools in Wales.

Additional arrangements approved by the Secretary of State
     23. The Secretary of State may, where it appears to him to be expedient to do so, authorise a local education authority to determine or redetermine budget shares, to such extent as he may specify, in accordance with arrangements approved by him in place of the arrangements provided for by this Part.

Schools' budget shares not to be the provision of a benefit or service
     24. For the purposes of section 295 of the 1996 Act (provision of benefits and services by local education authorities) the determination or redetermination of a school's budget share in accordance with this Part shall not constitute the provision of a benefit or service for pupils or other persons at schools.

Additional occasions when schemes require publication
     28. For the purposes of paragraph 1(7)(b) of Schedule 14 to the 1998 Act (prescribed occasions on which publication of schemes is required) a scheme shall be published by the local education authority concerned on the coming into force of any revision of it.


Estelle Morris
Minister of State, Department for Education and Employment

17th January 1999


Peter Hain
Parliamentary Under Secretary of State, Welsh Office

17th January 1999