The Education (Amount to Follow Permanently Excluded Pupil) Regulations 1997

• Citation: S.I. 1997/680
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Education (Amount to Follow Permanently Excluded Pupil) Regulations 1997 and shall come into force on 1st April 1997.

(2) In these Regulations—

“ the Act ” means the Education Act 1996;

“allocation formula” has the meaning assigned to it by section 106(2) of the Act;

“budget share” in relation to a school means the school’s budget share within the meaning of section 101(3)(c) of the Act;

“relevant date” means—

the date upon which permanent exclusion first takes effect in accordance with section 494(9) of the Act; or

in the case of a permanently excluded pupil who is first provided with education in a pupil referral unit or otherwise than at school the date on which that pupil is subsequently admitted to a school; and

“scheme” has the meaning assigned to it by section 101(1) of the Act.

(3) In these Regulations “grant-maintained school” does not include a grant-maintained special school.

Section 2 Determination of amount

The appropriate amount of funding—

(a) to be transferred for the purposes of section 494(2) of the Act (former provider to pay new provider where pupil permanently excluded from school maintained by local education authority, grant-maintained school or grant-maintained special school);

(b) to be subtracted from the budget share of a school covered by a local education authority’s scheme in accordance with that scheme pursuant to section 494(4)(a) of the Act (school’s budget share to be reduced where pupil permanently excluded from school covered by local education authority scheme); and

(c) to be allocated for the purposes of such a school in accordance with the scheme pursuant to section 494(4)(b) of the Act (amount to be allocated where permanently excluded pupil admitted to school covered by local education authority scheme),

shall be the amount determined by the application of the following formula—

where,

A is, subject to regulation 3, the amount attributable in accordance with the allocation formula under the local education authority’s scheme, as it applies in the financial year in which the relevant date falls, to each registered pupil of the age of the excluded pupil or falling within the age group within which the excluded pupil falls at schools covered by the scheme; and for the purposes of this definition the reference to the local education authority is a reference—

to the local education authority maintaining the school from which the pupil is excluded; or

where the pupil is excluded from a grant-maintained school, the local education authority in whose area the school is situated or, where such a school is situated in the area of more than one local education authority, such local education authority as the Secretary of State, after consultation with those local education authorities concerned, may determine; or

where the pupil is excluded from a grant-maintained special school—

the local education authority by which the school was maintained immediately before it became a grant-maintained special school, or

where that authority is the subject of a structural or boundary change (or both such changes) within the meaning of section 14 of the Local Government Act 1992 , effected by an order made under section 17 of that Act, such other local education authority as the Secretary of State, after consultation with that authority, may determine;

B is the number of days on which the school is to meet in the financial year falling on or after the relevant date; and

C is 190.

Section 3 Determination of amount

(1) This regulation applies in relation to pupils permanently excluded from secondary schools in England where no amount is attributable in accordance with the allocation formula under the local education authority’s scheme, as it applies in the financial year in which the relevant date falls, in respect of registered pupils of the age of the excluded pupil or falling within the age group within which the excluded pupil falls at schools covered by the scheme.

(2) Where this regulation applies, the amount referred to in the definition of “A” in the formula in regulation 2 shall instead be the amount attributable to each registered pupil of the age of the excluded pupil or falling within the age group within which the excluded pupil falls at grant-maintained schools in the area of the local education authority, as determined in accordance with the regulations made under section 244 of the Act in force on the relevant date .

Section 4 Determination of amount

The Education (Amount to follow Permanently Excluded Pupil) Regulations 1994 are hereby revoked.