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(1) These Regulations may be cited as the Education (Budget Statements and Supplementary Provisions) Regulations 1999 and shall come into force on 23rd March 1999.
(2) Regulations 4 to 8 shall apply only in relation to local education authorities in England.
(1) In these Regulations—
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 1995 Regulations ” means the Education (School Financial Statements) (Prescribed Particulars etc. ) Regulations 1995 ;
“the 1999 Regulations ” means the Financing of Maintained Schools Regulations 1999 ;
“allocation formula” means the authority’s formula under regulation 10 of the 1999 Regulations used to determine schools' budget shares;
“authority” means a local education authority;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“factor” means one of the factors or criteria taken into account in the allocation formula;
“ ISB ” means an authority’s individual schools budget within the meaning of section 46(2) of the 1998 Act;
“ LSB ” means an authority’s local schools budget within the meaning of section 46(1) of the 1998 Act;
“maintained school” means
in relation to the period ending immediately before 1st September 1999, a county, voluntary, maintained special, grant-maintained or grant-maintained special school within the meaning of the 1996 Act; and
in relation to the period beginning on 1st September 1999, a community, foundation or voluntary school or a community or foundation special school;
“relevant” in relation to “age”, “age group” and “year group” means an age, age group or year group separately treated in the allocation formula for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils;
“school” means a maintained school;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act; and
“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act.
(2) In these Regulations, unless the context otherwise requires,—
(a) references to primary or secondary schools do not include special schools; and
(b) 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' budget shares for the year but ignoring any weighting in accordance with paragraph (7) or any adjustment under paragraph (8) of regulation 11 of the 1999 Regulations.
(3) The following table shows provisions of the 1996 Act or the 1998 Act defining or otherwise explaining expressions used in these Regulations—
(4) Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered.
(1) The 1995 Regulations are revoked in so far as they apply to budget statements as therein defined prepared by local education authorities in England.
(2) Notwithstanding paragraph (1) above—
(a) the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1990 shall continue to apply to local education authorities in England in relation to a financial year beginning on or before 1st April 1992;
(b) the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1993 shall continue to apply to local education authorities in England in relation to the financial year beginning on 1st April 1993;
(c) the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1994 shall continue to apply to local education authorities in England in relation to the financial year beginning on 1st April 1994;
(d) the 1995 Regulations shall continue to apply to local education authorities in England in relation to the financial years beginning on 1st April 1995 to 1998.
A budget statement shall be prepared in four parts, and shall contain the information prescribed for the purposes of section 52(1) of the 1998 Act, as follows—
(a) Part 1 shall be in the form prescribed in Schedule 1 and shall contain the information, relating to the authority’s planned expenditure for the financial year to which the budget statement relates, specified in the notes to Part 1 in Schedule 1;
(b) Part 2 shall be in the form prescribed in Schedule 2 and shall contain the information, with respect to the authority’s planned expenditure for each school for the financial year to which the budget statement relates, specified in the notes to Part 2 in Schedule 2;
(c) Part 3 shall be in the form prescribed in Schedule 3 and shall contain the information with respect to the authority’s allocation formula specified in the notes to Part 3 in Schedule 3; and
(d) Part 4 shall contain the information with respect to the budget share of each school for the financial year to which the budget statement relates specified in Schedule 4.
For the purposes of section 52(3)(b) of the 1998 Act, every budget statement shall be published by—
(a) supplying a copy to the Secretary of State for Education and Employment in accordance with regulation 6; and
(b) making a copy available for reference by parents and other persons at all reasonable times and without charge at each education office of the authority.
(1) Parts 1 and 2 of the budget statement shall be supplied to the Secretary of State for Education and Employment in the form of machine readable data on a floppy disc provided for that purpose by the Secretary of State.
(2) Parts 3 and 4 of the budget statement for the financial year beginning on 1st April 1999 may be supplied to the Secretary of State for Education and Employment in the form of machine readable data and for following financial years shall be so provided.
(3) Any computer language or software used to supply tables must be one which the Secretary of State has notified to the authority.
(1) A budget statement shall be published before the beginning of the financial year to which it relates.
(2) A budget statement may not be revised during the financial year to which it relates other than to correct errors in the statement as previously published.
(3) A revised budget statement shall be subject to regulations 4, 5, 6, 7(2) and 8.
The authority shall furnish the governing body and head teacher of each school maintained by them with a copy of Parts 1, 2 and 3 of the budget statement and with a copy of that part of Part 4 of the budget statement which relates to the school in question, save that if the governing body or the head teacher so request the authority shall furnish them with a complete copy of Part 4 of the budget statement.
Where at the beginning of a financial year commencing on or after 1st April 1999, the governing body of a maintained school have any unspent maintenance or special purpose grant under Chapter VI of Part III of the 1996 Act paid before that date then—
(a) that unspent grant shall be treated for the purposes of section 52(2)(c) of the 1998 Act as a resource allocated at the beginning of that financial year by the local education authority which maintains the school;
(b) that local education authority shall make arrangements for the audit of the governing body’s expenditure of that unspent grant during the course of that financial year as if it were an amount made available by them to the governing body.
A general heading covering the items comprising the LSB for the financial year in question. All expenditure within the LSB must be attributed by an authority to one of the following six categories—
(1.1) ISB
(1.2) Strategic Management
(1.3) Specific Grants
(1.4) Special Education
(1.5) School Improvement
(1.6) Access
Enter here the amount of the ISB for the financial year in question.
Enter here the aggregate for each column (a) to (h) of the amounts entered for the matters referred to in notes 1.2 to 1.6 which aggregates constitute the total of the planned expenditure deducted by the authority from the LSB, and planned expenditure falling within paragraph 25(e) to (g) of Schedule 1 for the activities which they carry out.
Enter here the aggregate for each column (a) to (g) of the amounts entered for the matters referred to in notes 1.1 to 1.6 which aggregates constitute the total of all planned expenditure within the LSB and falling within paragraph 25(e) to (g) of Schedule 1.
Enter here expenditure which the authority anticipate will be recouped pursuant to section 492, 493 or 494 of the 1996 Act.
Enter here the aggregate of the entries in lines 1.8 and 1.9 being the authority’s total planned expenditure on schools in the financial year in question.
A general heading for notes 2.1 to 2.6 comprising the planned expenditure by the authority upon activities other than those falling within paragraph 1.
(2.1) Enter here all planned expenditure on the provision of education for children in nursery schools not being special schools.
(2.2) Enter here all planned expenditure on the provision of Adult and Community Education. Where it is necessary to apportion costs between this and other items details of any apportionment should be given in the Annex to Part 1.
(2.3) A heading for planned expenditure on the provision of support for students.
(2.3.1) Enter here all planned expenditure under section 1(1) of the Education Act 1962 (mandatory awards).
(2.3.2) Enter here all planned expenditure to be incurred by virtue of regulations under section 22 of the Teaching and Higher Education Act 1998 (student support).
(2.3.3) Enter here all planned expenditure under section 1(6) or 2 of the Education Act 1962 (discretionary grants).
(2.4) Enter here all planned expenditure on the provision of transport under section 509 of the 1996 Act other than in relation to schools (Home to College Transport).
(2.5) Enter here all planned expenditure on making pension payments other than in respect of schools.
(2.6) Enter here all planned expenditure on the authority’s Youth Service.
(2.7) Enter here the aggregate for each column of the amounts entered for the matters referred to in notes 2.1 to 2.6.
(2.8) Enter in this line the aggregate for each column (a) to (g) of the amounts entered for the matters referred to in notes 1.10 and 2.7.
Enter here all capital expenditure being expenditure which the authority propose to capitalise in their accounts in accordance with proper practices being those accounting practices—
(i) which the authority are required to follow by virtue of any enactment, or
(ii) which, whether by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of accounts of local authorities, either generally or of the description concerned
but in the event of any conflict in any respect between the practices falling within (i) above and those falling within (ii) above, only those falling within (ii) above are to be regarded as proper practices .
Enter here the aggregate for each column (a) to (g) of the amounts referred to in notes 2.8 and 3.
Enter here the authority’s Education Standard Spending Assessment for the financial year in question calculated in accordance with local government finance report for that year made by the Secretary of State under section 78A of the Local Government Finance Act 1988 .
Enter in this line the aggregate of the amounts in column (f), less any income from grants or under section 492, 493 or 494 of the 1996 Act (inter authority recoupment), separately in column (a) for primary schools, in column (b) for secondary schools, in column (c) for special schools and in column (d) for non-school expenditure.
Enter in this line in columns (a), (b) and (c) respectively the amounts obtained by deducting the amounts in line 6.1, columns (a), (b) and (c) from the amounts in line 1.8, columns (a), (b) and (c) and enter in this line in column (d) the amount obtained by deducting the amount in line 6.1, column (d) from the amount in line 2.7, column (d) and enter the total in this line in column (g).
Enter in this line the amount in line 1.9, column (g).
Enter in this line the authority’s total estimated education net current expenditure being expenditure in respect of employees and other running expenses including such expenditure defrayed by grants or interest payments but not such expenditure defrayed by sale proceeds, fees, charges, internal recharges, and other income received other than by way of grant.
A general heading for the schools to which this section of the table relates.
A sub-heading for the factors which allocate the ISB by reference to the numbers and kinds of places special schools provide.
Enter in this column (s5) each factor in the allocation formula in accordance with which amounts are allocated to special schools by reference to the numbers and kinds of places they provide.
Enter in this column (s6), opposite each factor in column (s5), the total number of places to which that factor applies.
Enter in this column (s7), opposite each factor in column (s5), the amount attributed to each place.
Enter in this column (s8), opposite each factor in column (s5), the amounts produced by multiplying the amount in column (s7) by the number in column (s6).
Enter in this line the aggregate of the numbers in column (s6) and the aggregate of the amounts in column (s8).
Enter in this line the description of each factor in column (s5). The narrative must include the full methodology of the factor.
A sub-heading for the factors which allocate the ISB by reference to the numbers of registered pupils at special schools and their ages (or age group or year group to which they belong), or any special educational needs they may have or are to be treated as having for the purposes of the application of the allocation formula.
Enter in this column (s12) each factor in accordance with which amounts are allocated to special schools by reference to the numbers and kinds of pupils at the school.
Enter in this column (s13) in ascending order each relevant age, age group or year group applicable in accordance with the allocation formula for the authority’s special schools.
Enter in this column (s14), opposite each entry in column (s13), the total number of registered pupils at special schools to whom the factor in column (s12) applies.
Enter in this column (s15), opposite each entry in column (s13), the amount attributed to each pupil to whom the factor in column (s12) applies.
Enter in this column (s16), opposite each entry in column (s13), the amounts produced by multiplying the amount in column (s15) by the number in column (s14).
Enter in this column (s17) the amounts which represent the weighting given to pupil numbers according to age (including key stage or year group).
Enter the aggregate of the numbers in column (s14) and the aggregate of the amounts in column (s16).
Enter in this line the description of each factor in column (s12). The narrative must include the full methodology of the factor including the method of counting pupils and the relevant dates used where appropriate. Worked examples must be provided, either in this line or as part of the Annex.
A heading for funding delegated to special schools for the items referred to in notes s21 and s22 which is included in place-led or pupil-led funding above.
Enter here any items from the following list, funding for which is allocated to schools as part of place-led funding:
(i) Insurance
(ii) Library/Museum Services
(iii) Licence fees/subscriptions
(iv) Joint Use arrangements
(v) Schools meals
(vi) Repairs and maintenance
(vii) Advisory and Inspection Services
Enter here any items from the above list, funding for which is allocated to schools as part of pupil-led funding.
Enter in this column (s23) opposite each item listed as place-led and pupil-led in columns (s21) and (s22) the amounts for that item included in the aggregate amounts for columns (s8) and (s16) respectively, and give totals for place-led and pupil-led funding.
Enter here the aggregate of the amounts in columns (s8) and (s16).
A sub-heading for the factors which allocate the ISB to special schools otherwise than by reference to the numbers of places provided, or registered pupils at such schools. All factors in this Section must be allocated to one of the following groups:
Additional educational needs,
Site specific,
School specific, or
Budget adjustment.
Enter in this column (s26) each factor in accordance with which amounts are allocated for additional educational needs.
Enter in this column (s27), where appropriate, opposite each factor in column (s26) the number of units of measurement in respect of the factor.
Enter in this column (s28), opposite each factor in column (s26), the amount attributable to each unit of measurement in column (s27).
Enter in this column (s29), opposite each factor in column (s26), the amount produced by multiplying the amount for that factor in column (s28) by the number of units for that factor in column (s27) or, where the allocation formula does not provide for units of measurement, the amount for that factor for the purposes of all special schools.
The Education (Budget Statements and Supplementary Provisions) Regulations 1999 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-1999-486
Contains public sector information licensed under the Open Government Licence v3.0.
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