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Statutory Instruments

2008 No. 228

EDUCATION, ENGLAND

The School Finance (England) Regulations 2008

Made

5th February 2008

Laid before Parliament

7th February 2008

Coming into force

29th February 2008

Contents

Go to Preamble

  1. PART 1

    INTRODUCTION

    1. 1. Citation, commencement, application and interpretation

    2. 2. Revocation of previous Regulations

  2. PART 2

    ACTION TO BE TAKEN BY A LOCAL EDUCATION AUTHORITY

    1. CHAPTER 1

      APPROPRIATION OF THE LEA BUDGET

      1. 3. The LEA Budget

    2. CHAPTER 2

      DETERMINATION OF SCHOOLS BUDGETS, INDIVIDUAL SCHOOLS BUDGETS, AND BUDGET SHARES FOR FUNDING PERIODS 1, 2 and 3

      1. 4. Initial determination of a local education authority’s schools budgets

      2. 5. The schools budget

      3. 6. Exceptions

      4. 7. Determination of the individual schools budget for funding periods 1, 2 and 3 and limit on increase in central expenditure

      5. 8. Consultation

      6. 9. Formulae for determination of budget shares

      7. 10. Initial determination of allocation of schools’ budget shares for funding periods 1, 2 and 3

      8. 11. Delegated budgets for new schools

    3. CHAPTER 3

      REDETERMINATION OF SCHOOLS BUDGETS, INDIVIDUAL SCHOOLS BUDGETS AND SCHOOLS’ BUDGET SHARES FOR FUNDING PERIODS 1, 2 AND 3

      1. 12. Redetermination of schools budgets and individual schools budgets

      2. 13. Redetermination of allocation of budget shares for funding periods 2 and 3

    4. CHAPTER 4

      FURTHER DEDUCTIONS AND VARIATIONS TO LIMITS AUTHORISED BY SCHOOLS FORUMS OR THE SECRETARY OF STATE

      1. 14. Applications to the schools forum and the Secretary of State

  3. PART 3

    FORMULAE FOR DETERMINATION OF BUDGET SHARES

    1. CHAPTER 1

      FACTORS AND CRITERIA TAKEN INTO ACCOUNT

      1. 15. Pupil numbers

      2. 16. Places

      3. 17. Special arrangements for pupils in maintained nursery schools and nursery classes

      4. 18. Differential funding

      5. 19. Additional factors or criteria

      6. 20. Minimum funding guarantee

      7. 21. Sixth form funding

      8. 22. New, reorganised and closing schools

    2. CHAPTER 2

      ADJUSTMENTS, CORRECTION OF ERRORS, AND ADDITIONAL ARRANGEMENTS APPROVED BY THE SCHOOLS FORUM OR THE SECRETARY OF STATE

      1. 23. Pupils permanently excluded from, or leaving, primary or secondary schools

      2. 24. Correction of errors and changes in non-domestic rates

      3. 25. Additional arrangements approved by the schools forum or the Secretary of State

  4. PART 4

    SCHEMES

    1. 26. Required content of schemes

    2. 27. Approval by the schools forum or the Secretary of State of proposals to revise schemes

    3. 28. Publication of schemes

    1. SCHEDULE 1

      CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE LEA BUDGET OF A LOCAL EDUCATION AUTHORITY

    2. SCHEDULE 2

      CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE SCHOOLS BUDGET OF A LOCAL EDUCATION AUTHORITY WHICH MAY BE DEDUCTED FROM IT TO DETERMINE THE INDIVIDUAL SCHOOLS BUDGET

    3. SCHEDULE 3

      ADDITIONAL FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT IN A LOCAL EDUCATION AUTHORITY’S FORMULA UNDER REGULATION 19

    4. SCHEDULE 4

      MINIMUM FUNDING GUARANTEE

    5. SCHEDULE 5

      CONTENTS OF SCHEMES

Go to Explanatory Note

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of powers conferred by sections 45(1B)(1), 45A(2), 45AA(3), 47(4), 47A(4)(5), 48(1) and (2)(6), 49(2) and (2A)(7) and 138(7) of, and paragraph 2B of Schedule 14(8) to, the School Standards and Framework Act 1998(9).

(1)

Subsection (1B) was inserted by paragraph 2 of Schedule 16 to the 2005 Act. Back [1]

(2)

Section 45A was inserted by section 41(1) of the 2002 Act, and amended by section 101 of, and paragraph 3 of Schedule 16 to, the 2005 Act. Back [2]

(3)

Section 45AA was inserted by paragraph 4 of Schedule 16 to the 2005 Act. Back [3]

(4)

As amended by section 101 of, and paragraph 6 of Schedule 16 to, the 2005 Act. Back [4]

(5)

Section 47A was inserted by section 43 of the 2002 Act and amended by section 101 of, and paragraph 7 of Schedule 16 to, the 2005 Act and section 57 of, and paragraph 2 of Schedule 5 to, the 2006 Act. Back [5]

(6)

Section 48 was amended by section 40 of, and paragraph 2 of Schedule 3 to, the 2002 Act, and section 117 of, and paragraph 7 of Schedule 18 to, the 2005 Act. Back [6]

(7)

Paragraph 4 of Schedule 5 to the 2006 Act substitutes new subsections (2) and (2A) for former subsections (2) and (3) of section 49. Back [7]

(8)

Paragraph 5 of Schedule 5 to the 2006 Act substitutes paragraphs 2A and 2B for paragraph 2 of Schedule 14 to the 1998 Act. Back [8]

(9)

1998 c.31. For the meaning of “prescribed” and “regulations”, see section 142(1) of the 1998 Act. Back [9]

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