The Financing of Maintained Schools (England) Regulations 2002

• Citation: S.I. 2002/377
• Sections: 140

Section 1 Citation, commencement, application and interpretation

(1) These Regulations may be cited as the Financing of Maintained Schools (England) Regulations 2002 and shall come into force on 15th March 2002.

(2) These Regulations shall apply for the purposes of the financing of maintained schools in England in the financial year beginning on 1st April 2002.

(3) In these Regulations—

“the 1996 Act ” means the Education Act 1996 ;

“the 1998 Act ” means the School Standards and Framework Act 1998;

“the 1999 Regulations ” means the Financing of Maintained Schools Regulations 1999 ;

“the 2000 Regulations ” means the Financing of Maintained Schools (England) Regulations 2000 ;

“the 2001 Regulations ” means the Financing of Maintained Schools (England) Regulations 2001 .

(4) In these Regulations “maintained school” means a community, foundation or voluntary school or a community or foundation special school.

(5) In these Regulations a reference to proposals for the establishment of a school is a reference to a proposal for the establishment of the school under section 35, 41 or 339(1) of the 1996 Act or section 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act.

(6) In these Regulations, except in Part IV where the definition in regulation 28 applies, a reference (however framed) to a community, foundation or voluntary school or a community or foundation special school includes a proposed school which on implementation of proposals for the establishment of the school will be such a school and which has a temporary governing body.

(7) In these Regulations a reference to a governing body includes the temporary governing body of a proposed school falling within paragraph (6).

(8) In these Regulations a reference to a primary or secondary school means a primary or secondary school which is a community, foundation or voluntary school.

(9) In these Regulations a reference (however framed) to schools maintained by a local education authority does not include schools which are not maintained schools as defined in paragraph (4).

(10) In these Regulations a reference to the permanent exclusion of a pupil is a reference to his permanent exclusion as defined from time to time for the purposes of section 494 of the 1996 Act .

(11) In these Regulations references to net expenditure or to a net local schools budget—

(a) are references to that expenditure or that local schools budget net of related fees, charges, specific grant or other income received by the local education authority;

(b) except that there is not to be deducted in order to arrive at the net local schools budget, any specific grant which is used to support expenditure through the individual schools budget or which is a specific grant only to the extent that it has to be used for supporting any or all of the authority’s expenditure through the local schools budget.

(12) In these Regulations a reference to a former grant-maintained or grant-maintained special school is a reference to a school which was such a school within the meaning of the 1996 Act immediately before 1st April 1999.

(13) In these Regulations a reference to the LSC is a reference to the Learning and Skills Council for England .

(14) Unless the context otherwise requires, words or expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions set out opposite thereto in the second column.

(15) Unless the context otherwise requires, a reference in these Regulations to a numbered regulation, Part or Schedule is a reference to the regulation or Part of, or Schedule to, these Regulations so numbered and a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

Section 2 Revocation of the 2000 Regulations and operation of the 2001 Regulations

(1) The 2000 Regulations and the Financing of Maintained Schools (England) (No.2) Regulations 2000 shall be revoked on 1st April 2002.

(2) A school’s budget share for the financial year beginning on 1st April 2001 may only be redetermined in the financial year beginning on 1st April 2002 in accordance with the provisions of the 2001 Regulations or the Financing of Maintained Schools (England) (Amendment) Regulations 2001 if such redetermination makes provision for—

(a) pupils permanently excluded or admitted following a permanent exclusion; or

(b) the correction of errors, whether in calculation or data, under any of the provisions of those Regulations.

Section 3 Local schools budget

(1) The classes or descriptions of local education authority expenditure specified in sub-paragraphs (a) and (b) below are hereby prescribed for the purposes of section 46(1) of the 1998 Act and the determination of a local education authority’s local schools budget subject to the exceptions in regulation 4—

(a) expenditure incurred in connection with the authority’s functions in relation to the provision of primary and secondary education; and

(b) expenditure on items listed in paragraph 27(a), (b), (d) and (r) to (t) of Schedule 1 in so far as such expenditure does not fall within sub-paragraph (a) above.

(2) For the purposes of this Part expenditure does not include expenditure defrayed by fees and charges collected by the governing body of a maintained school which are—

(a) specifically required or permitted to be collected by any provision of the Education Acts; or

(b) in respect of the use of school premises or equipment.

Section 4 Exceptions

A local education authority’s local schools budget shall not include the following classes or descriptions of expenditure—

(a) expenditure in connection with nursery schools;

(b) expenditure in connection with any provision made for children who have not attained the age of five except where such provision is made at a maintained school or the expenditure is by way of fees paid under section 320 or 348 of the 1996 Act (special provision for children with special educational needs);

(c) expenditure on payments to another local education authority pursuant to section 492, 493 or 494 of the 1996 Act (recoupment between authorities);

(d) 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 the 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 sub-paragraph (i) above and those falling within sub-paragraph (ii) above, only those falling within sub-paragraph (i) above are to be regarded as proper practices ;

(e) expenditure expected to be offset by income received from Her Majesty’s Chief Inspector of Schools in England or Her Majesty’s Chief Inspector of Schools in Wales;

(f) expenditure for the purposes of section 26 of the Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings); and

(g) expenditure on the payment of allowances under section 518 of the 1996 Act to pupils over compulsory school age to the extent that it is expected to be offset by specific grant paid by the Secretary of State or the LSC.

Section 5 Individual schools budget

A local education authority may deduct from their local schools budget any or all of the classes or descriptions of planned expenditure set out in Schedule 1, in whole or in part, in order to arrive at their individual schools budget for the financial year.

Section 6 Determination of budget shares

This Part and Parts IV and V apply for the purposes of determining the amount which a local education authority may determine as a maintained school’s budget share for the financial year beginning on 1st April 2002.

Section 7 Allocation of individual schools budget

A local education authority shall allocate in the financial year beginning on 1st April 2002 in accordance with this Part and Parts IV and V all of their individual schools budget for that financial year as the budget shares of schools which they maintain.

Section 8 Timing of determination of budget shares

(1) The amount of a school’s budget share for the financial year beginning on 1st April 2002 shall be initially determined by the local education authority before the beginning of that financial year.

(2) A local education authority may decide not to initially allocate all of their individual schools budget in accordance with this Part in the form of budget shares at the beginning of the financial year and instead to retain an amount for the purpose of redeterminations or the correction of errors but such amount must be used for that purpose or distributed to schools as required by regulation 22(4) before the end of the financial year.

Section 9 Consultation

(1) Subject to paragraph (2), a local education authority shall consult the governing body and head teacher of every school which they maintain about any proposed changes in relation to the factors and criteria that were taken into account, or the methods, principles and rules that were adopted, in their formula under the 2001 Regulations in the financial year beginning on 1st April 2001 (including any new factors, criteria, methods, principles or rules).

(2) Paragraph (1) shall not apply to changes made pursuant to regulation 8(2), 11(7), 14(2), 17, 21, 22(4) or 23 or by Part IV.

(3) Consultation under this regulation shall take place in sufficient time to allow the outcome to be taken into account in the determination of the authority’s formula and in the initial determination of schools' budget shares before the beginning of the financial year.

(4) The requirement to consult in paragraph (1) can be satisfied by consultation which takes place during the financial year beginning on 1st April 2001 before the coming into force of these Regulations.

(5) A local education authority shall inform all those who were consulted of the outcome of the consultation.

Section 10 Formula for determination of budget shares

(1) A local education authority shall determine before the beginning of the financial year beginning on 1st April 2002, and after the consultation referred to in regulation 9, the formula which they will use to determine schools' budget shares in that financial year having regard to the factors, criteria and requirements set out in this Part and in Part IV.

(2) A local education authority shall have regard to the desirability of such a formula being simple, objective, measurable and predictable in effect, and clearly expressed.

(3) A local education authority may not use factors or criteria in their formula under this Part which make an allowance, in whole or in part, for—

(a) any amount included in the school’s budget share by virtue of Part IV; or

(b) any education standards grants, received by the authority pursuant to section 484 of the 1996 Act, paid in respect of capital projects, of an amount determined by the Secretary of State by reference to a formula, and decisions about the spending of which the authority are required to delegate to the governing bodies of schools.

(4) Subject to regulation 32 (additional arrangements approved by the Secretary of State), a local education authority shall use the formula determined under paragraph (1) in all determinations and redeterminations of budget shares in respect of the financial year.

Section 11 Pupil numbers

(1) In determining budget shares for primary and secondary schools, a local education authority shall take into account in their formula the number of registered pupils at those schools on such date or dates as may be determined by the authority in accordance with regulation 12, weighted if the authority consider it appropriate in accordance with paragraph (5).

(2) For the purposes of paragraph (1), the number of registered pupils does not include—

(a) pupils in places which the authority recognise as reserved for children with special educational needs or (except where the local education authority chooses not to exercise their discretion under regulation 14(1) in respect of children in nursery classes) for children in nursery classes; or

(b) in relation to the funding of boarding accommodation only, pupils in boarding accommodation at boarding schools other than special schools; or

(c) pupils in respect of whom grant is payable to the authority by the LSC under section 7 of the Learning and Skills Act 2000.

(3) An authority may in determining budget shares for special schools, or for primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes, take into account in their formula the number of registered pupils at those special schools or the number of pupils in those reserved places at primary or secondary schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (5).

(4) If the authority estimate the number of registered pupils at a school they must consult the head teacher of the school.

(5) A local education authority may weight pupil numbers according to any or all of the following factors—

(a) age, including weighting according to key stage or year group;

(b) whether a pupil is provided with nursery education by a school;

(c) in the case of pupils aged under five, their exact age when admitted to the school;

(d) in the case of pupils aged under five, whether they have been admitted to the school in excess of planned admission limits agreed with the authority;

(e) in the case of pupils aged under five, hours of attendance;

(f) special educational needs.

(6) A local education authority may adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil following his permanent exclusion from another school maintained by a local education authority.

(7) Subject to paragraph (8), a local education authority shall provide in their formula that the average amount per pupil allocated in accordance with regulation 11(1) or (3) in respect of pupils who are—

(a) in key stage 1 or 2;

(b) in key stage 3 or 4,

shall in each case be at least 2.5 per cent. higher than the average amount per pupil initially determined in each of those cases under the corresponding provisions of the 2001 Regulations.

(8) Paragraph (7) shall not apply in relation to any amount allocated in accordance with paragraph (3) weighted in accordance with paragraph (5)(f) (special educational needs).

Section 12 Dates for ascertaining pupil numbers

(1) Where the authority determine only one date for the purposes of regulation 11(1) that must be a date which falls—

(a) before 1st April 2002; and

(b) in the school year in which 1st April 2002 falls.

(2) Where the authority determine more than one date for the purposes of regulation 11(1) then—

(a) one of those dates must satisfy paragraph (1) above;

(b) of the other date or dates—

(i) no date may be earlier than the beginning of the school year in which 1st April 2002 falls;

(ii) the authority may determine a date or dates which are in the future and estimate the number of registered pupils at the school on that date or those dates.

(3) Paragraphs (1) and (2) (restrictions on choice of dates for the purposes of regulation 11(1)) shall not apply in relation to pupils in nursery or reception classes whom the authority take into account under regulation 11(1) (pupils in nursery classes not occupying places which the authority recognise as reserved for such pupils or any pupils in reception classes).

Section 13 Pupil numbers: Dual registration

Where a pupil is, in accordance with regulations made under section 434 of the 1996 Act , a registered pupil at more than one school then that pupil shall be treated as being a full-time pupil at each such school unless the authority expressly provide otherwise in their formula.

Section 14 Places

(1) In determining budget shares for—

(a) special schools;

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

(c) schools with boarding accommodation,

the local education authority may take into account in their formula the number of places which they wish to fund at those special schools, the number of places of the kind described above at those primary or secondary schools or the amount of boarding accommodation which they wish to fund and in the case of sub-paragraphs (a) and (b) above may take account of the special educational needs in question.

(2) A local education authority shall provide in their formula that any amount allocated in accordance with—

(a) paragraph (1)(a); or

(b) in so far as it relates to special educational needs, paragraph (1)(b),

in respect of a place at a school shall be at least 2.5 per cent. higher than the amount initially determined in relation to the financial year beginning on 1st April 2001 in respect of a place appropriate to a pupil with the same characteristics at that school under the corresponding provisions of the 2001 Regulations.

Section 15 Differential funding

(1) A local education authority shall use factors or criteria which differentiate between different categories or descriptions of schools in so far as the functions of the governing bodies of those schools justify such differentiation but may not otherwise do so except as required or expressly permitted by these Regulations.

(2) A local education authority shall use factors or criteria which differentiate between a school and other schools of the same category or description if such differentiation is justified by reference to the choice that that school’s governing body have made as to the inclusion in their school’s budget share of funding in respect of expenditure of the kinds referred to in paragraphs 20(a) and (b), 34 or 41 of Schedule 1 to these Regulations.

(3) A local education authority are not required to use factors or criteria in their formula which differentiate between—

(a) primary and secondary schools, and special schools;

(b) schools whose pupils are in different age ranges,

but they may do so.

(4) If a local education authority choose to use a particular factor or criteria to delegate funding to all or some of the schools which they maintain, and a school which it is proposed to discontinue during the financial year did not receive funding in accordance with that factor or criteria in the financial year beginning on 1st April 2001, then this regulation shall not require the local education authority to delegate such funding to that school in accordance with that factor or criteria but they may do so.

Section 16 Additional factors or criteria

(1) Subject to regulation 15 (differential funding), a local education authority may, in determining budget shares for schools which they maintain, take into account in their formula, as they consider appropriate, any or all of the factors or criteria set out in Schedule 2.

(2) A local education authority shall, in determining budget shares for primary and secondary schools which they maintain, take into account in their formula a factor based on the incidence of social deprivation among pupils registered at those schools.

Section 17 Sixth form funding

(1) Subject to paragraph 3, a secondary school’s budget share for the financial year beginning on 1st April 2002 shall include an amount equal to any sum notified to the local education authority by the LSC as being the allocation in respect of that school’s sixth form contained within grant payable to the local education authority under section 7 of the Learning and Skills Act 2000.

(2) A local education authority may, in determining budget shares, use a factor which allocates funding in respect of sixth forms.

(3) A local education authority may, in determining budget shares for schools with sixth forms, use factors or criteria which have the effect of reducing the amounts to be allocated under paragraph (1) in one or both of the following ways:

(a) by deducting a sum representing that element which duplicates amounts payable to the school (using factors other than those permitted or required by regulation 11) under the formula used by the authority to determine schools' budget shares;

(b) by reducing the amount referred to in paragraph (1) by an amount not exceeding two-thirds of the difference between that amount and the Real Terms Guarantee amount for the school as notified by the LSC, where the latter amount is lower than the former amount.

(4) In this regulation, “Real Terms Guarantee amount” means the amount notified to the local education authority by the LSC as being the finalised real terms guarantee level for the financial year beginning on 1st April 2002 for the school concerned.

Section 18 Budget share adjustments in relation to the financial year beginning on 1st April 2001: Pupil numbers

(1) This regulation applies to the extent that a school’s budget share for the financial year beginning on 1st April 2001 was determined pursuant to regulation 11(1) or (3) of the 2001 Regulations other than in cases where pupil numbers were weighted according to special educational needs.

(2) Subject to paragraph (3), to the extent that a school’s budget share for the financial year beginning on 1st April 2001 was—

(a) determined by reference to an estimate of the number of registered pupils at the school; and

(b) differences between the estimated number of pupils on those dates and the actual number of pupils at the school on those dates were not taken into account in a redetermination of the school’s budget share for that financial year,

the local education authority shall determine that school’s budget share for the financial year beginning on 1st April 2002 so as to take into account those differences.

(3) A local education authority may determine a school’s budget share so as to make such adjustments which are appropriate to take into account, wholly or partly, any increases in pupil numbers during the course of the financial year beginning on 1st April 2001.

(4) In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s budget share for the financial year beginning on 1st April 2001 determined in accordance with regulation 20 (transitional funding) of the 2001 Regulations could have been reduced.

(5) In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 2001 under regulation 20 (transitional funding) of the 2001 Regulations.

Section 19 Budget share adjustments in relation to the financial year beginning on 1st April 2001: Non-pupil number factors

(1) This regulation applies to the extent that a school’s budget share for the financial year beginning on 1st April 2001 was determined other than pursuant to regulation 11(1) or (3) of the 2001 Regulations or was so determined in accordance with pupil numbers weighted according to special educational needs.

(2) Where—

(a) there has been a change in the data on the basis of which that determination was made; and

(b) that change was not taken into account in a redetermination of the school’s budget share for the financial year beginning on 1st April 2001,

the local education authority may determine that school’s budget share so as to take into account those changes.

(3) In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s budget share for the financial year beginning on 1st April 2001 determined in accordance with regulation 20 (transitional funding) of the 2001 Regulations could have been reduced.

(4) In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 2001 under regulation 20 (transitional funding) of the 2001 Regulations.

Section 20 New and reorganised schools

(1) In the case of—

(a) a proposed school referred to in regulation 1(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.

Section 21 Transitional funding

(1) A local education authority shall determine the budget share of a former grant-maintained or grant-maintained special school 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 2002 determined by the local education authority in accordance with Schedule 3 is greater than the school’s adjusted budget share for that financial year.

(3) For the purposes of this regulation, a school’s adjusted budget share is its budget share determined in accordance with this Part and Part V but not taking into account the effect of this regulation and regulations 18 (budget share adjustments: pupil numbers), 19 (budget share adjustments: non-pupil number factors), 23 (excluded pupils), 24, 25 and 26 (additional provisions for redeterminations) and Part IV.

(4) The amount of a school’s transitional funding shall not be affected by a net increase during the financial year in that school’s adjusted budget share arising out of changes in the numbers of pupils with statements of special educational needs or changes in the needs of such pupils.

Section 22 Redetermination of budget shares

(1) A local education authority shall include factors or criteria in their formula which enable them, if they so wish, to redetermine a school’s budget share during the course of the financial year to take account wholly or partly of—

(a) changes during the financial year in the number or estimates of the number of registered pupils (including the substitution of actual numbers for estimates) at the school by reference to which the budget share was determined in accordance with regulation 11(1) or (3) other than in cases where pupil numbers were weighted according to special educational needs;

(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) This regulation is subject to regulation 21 (transitional funding).

(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 32 of Schedule 1.

(4) Where the local education authority propose to retain part of their individual schools budget pursuant to regulation 8(2) for the purpose of redeterminations or the correction of errors they shall include factors or criteria in their formula which require them to redetermine schools' budget shares before the end of the financial year so as to distribute to schools the unallocated balance of any such retained amount on the basis of pupil numbers in accordance with regulation 11(1) or (3).

(5) 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 or redetermine 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 23 (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 32 of Schedule 1.

Section 23 Pupils permanently excluded or admitted following a permanent exclusion

(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 × (B/52) where—

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 (“the relevant date”)), determined by the authority, in accordance with this Part, to be attributable for the full financial year 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 32 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 (except that, where the registered pupil in question is a pupil in respect of whom grant is payable to the authority by the LSC, the amount attributable to that pupil shall be £2,600); 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 another school with a different pupil age range, 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 × (E/F) where—

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.

Section 24 Additional provisions for redeterminations in relation to financial years beginning on or before 1st April 2000: (1) Former grant-maintained or grant-maintained special schools in the period before they became such schools and (2) Schools which were never such schools

(1) A local education authority may in the circumstances described in paragraph (2) redetermine a school’s budget share for the financial year beginning on 1st April 2002 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the following were determined—

(a) the school’s budget share within the meaning of the 1996 Act for any financial year beginning on or before 1st April 1998; or

(b) in the case of a school which is not a former grant-maintained or grant-maintained special school, the school’s budget share within the meaning of the 1998 Act for the financial year beginning on 1st April 1999 or the financial year beginning on 1st April 2000.

(2) The circumstances referred to in paragraph (1) are that—

(a) such matters 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 or the 1998 Act or its maintenance grant (as a former grant-maintained or grant-maintained special school); and

(b) such redetermination as is proposed could have been made in relation to the preceding financial year in question under the terms of—

(i) the authority’s scheme within the meaning of the 1996 Act in force in that year; or

(ii) in the case of the financial year beginning on 1st April 1999, the 1999 Regulations; or

(iii) in the case of the financial year beginning on 1st April 2000, the 2000 Regulations or the Financing of Maintained Schools (England) (No 2) Regulations 2000.

Section 25 Additional provisions for redeterminations in relation to the financial years beginning on 1st April 1999 or 1st April 2000: Former grant-maintained or grant-maintained special schools

(1) A local education authority may redetermine a former grant-maintained or grant-maintained special school’s budget share for the financial year beginning on 1st April 2002 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the school’s budget share for the financial year beginning on 1st April 1999 or the financial year beginning on 1st April 2000 was determined if—

(a) such matters have not already been taken into account in any determination or redetermination of that school’s budget share for any financial year or financial years;

(b) such redetermination as is proposed could have been made in the financial year beginning on 1st April 1999 (or, as the case may be, the financial year beginning on 1st April 2000) in accordance with the 1999 Regulations (or, as the case may be, the 2000 Regulations or the Financing of Maintained Schools (England) (No 2) Regulations 2000).

(2) In so far as a determination under paragraph (1) would require the amount that would otherwise be the budget share of the school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s budget share for the financial year beginning on 1st April 1999 (or, as the case may be, the financial year beginning on 1st April 2000) determined in accordance with regulation 18 (transitional funding) of the 1999 Regulations (or, as the case may be, regulation 18 (transitional funding) of the 2000 Regulations) could have been reduced.

(3) In so far as a determination under paragraph (1) would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 1999 (or, as the case may be, the financial year beginning on 1st April 2000) under regulation 18 (transitional funding) of the 1999 Regulations (or, as the case may be, regulation 18 (transitional funding) of the 2000 Regulations).

Section 26 Additional provisions for redeterminations in relation to financial years beginning on or before 1st April 1998: Former grant-maintained or grant-maintained special schools

(1) A local education authority may in the circumstances described in paragraph (2) redetermine a former grant-maintained or grant-maintained special school’s budget share for the financial year beginning on 1st April 2002 to take into account changes in that school’s non-domestic rates liability or to correct errors in data supplied by the head teacher or governing body of the school, by reference to which the school’s maintenance grant (as a grant-maintained or grant-maintained special school) was determined for any financial year beginning on or before 1st April 1998.

(2) The circumstances referred to in paragraph (1) are that—

(a) such matters 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 or the 1998 Act or its maintenance grant (as a grant-maintained or grant-maintained special school);

(b) such redetermination as is proposed could have been made in the preceding financial year in question in relation to a school maintained by the authority under the terms of the authority’s scheme within the meaning of the 1996 Act in force in that year; and

(c) any increase or decrease in the amount of the school’s budget share to take into account changes in the school’s non-domestic rates liability does not exceed the change in the school’s net liability in respect of rates.

(3) In so far as a determination under paragraph (1), arising from adjustments relating to the financial year beginning on 1st April 1998, would require the amount that would otherwise be the budget share of the school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s maintenance grant for that financial year determined in accordance with regulation 9 (transitional funding) of the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1998 (“the 1998 Regulations ”) could have been reduced.

(4) In so far as a determination under paragraph (1), arising from adjustments relating to the financial year beginning on 1st April 1998, would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 1998 under regulation 9 (transitional funding) of the 1998 Regulations.

Section 27 Percentage of “pupil-led” funding

(1) In determining and redetermining budget shares for primary and secondary schools a local education authority shall ensure that their formula provides that at least 75 per cent. of the amount which is their individual schools budget, less the amounts referred to in paragraph (2), is allocated in one or more of the following manners—

(a) in accordance with regulation 11(1) or (3);

(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 but such funding for children with special educational needs who do not have statements of special educational needs shall only count towards the figure of 75 per cent. referred to above to the extent that it does not exceed 5 per cent. of the amount allocated by the authority to primary and secondary schools from their individual schools budget;

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

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

(e) for pupils with statements of special educational needs where funding in respect of such pupils forms part of schools' budget shares;

(f) to places for pupils in boarding accommodation at boarding schools other than special schools; and

(g) in accordance with regulation 17.

(2) For the purposes of this regulation the following amounts are to be excluded from the local education authority’s individual schools budget—

(a) the budget shares of special schools;

(b) any transitional funding determined under regulation 21;

(c) any part of the individual schools budget retained pursuant to regulation 8(2) for the purpose of redeterminations or the correction of errors in relation to special schools;

(d) any amount determined under Part IV.

Section 28 Definition for Part IV

In this Part a reference to a maintained school includes a proposed school which, on implementation of the proposals for the establishment of the school, will be a community, foundation or voluntary school or a community or foundation special school in the financial year beginning on 1st April 2002.

Section 29 Determination of additional amount

(1) In making the initial determination of a maintained school’s budget share, a local education authority shall, subject to paragraphs (2), (3) and (5) and regulation 32 below, add to the amount determined in accordance with Part III, the amount which is set out in column (2) of the table below, opposite the description of that school in column (1).

(2) A local education authority shall determine the budget share of a middle deemed primary school which has a year 8 or a year 9 class in accordance with this Part as if that school were a secondary school.

(3) Where a proposed school to which this Part applies will not have a budget share on or before 1st April 2002, a local education authority shall determine the budget share of that school in accordance with this Part as soon as it does have a budget share.

(4) References in the table to a number of pupils are references to—

(a) the number of full-time equivalent pupils registered at the school on 17th January 2002; or

(b) in the case of a school which is to open during the financial year or a school proposals for the establishment of which have not been fully implemented, the number of full-time pupils indicated, when proposals for the establishment of the school were published, as the number of such pupils to be admitted to the school when the proposals were fully implemented,

where the “full-time equivalent” is the number of full-time pupils plus half the number of part-time pupils, and a “part-time pupil” is one who attends school other than on the basis that he should attend both morning and afternoon sessions at least 5 days each week.

(5) A local education authority shall not determine the budget share of a school in accordance with this Part if proposals to discontinue the school in the financial year beginning on 1st April 2002 have already been approved, unless at a date following 1st April 2002 the closure date is amended to a date on or after 1st April 2003.

(6) Where—

(a) a school’s budget share is determined in accordance with this Part; and

(b) proposals to discontinue the school in the financial year beginning on 1st April 2002 are approved on or after that date; and

(c) the local education authority are satisfied that there are successor schools opening on or before 31st March 2003 which will have their budget shares determined in accordance with this Part,

then the budget share of the discontinued school shall be redetermined so as to deduct the amount added in accordance with this Part.

Section 30 Redeterminations of budget shares under Part III

Whenever a local education authority redetermine a school’s budget share in accordance with Part III they shall—

(a) first determine an amount in accordance with that Part without taking into account the amount to be added in accordance with this Part; and then

(b) add to the amount so determined the amount to be added in accordance with this Part.

Section 31 Correction of errors

A local education authority may at any time during the financial year redetermine a school’s budget share for the financial year beginning on 1st April 2002 in order to correct an error in a determination or redetermination under these Regulations, whether arising from a mistake as to the number of registered pupils at the school or otherwise.

Section 32 Additional arrangements approved by the Secretary of State

(1) The Secretary of State may, where it appears to her to be expedient to do so, authorise a local education authority to determine or redetermine budget shares, to such extent as she may specify, in accordance with arrangements approved by her in place of the arrangements provided for by these Regulations.

(2) Authorisations given and arrangements approved by the Secretary of State under the 1999 Regulations, the 2000 Regulations or the 2001 Regulations shall, unless the contrary intention appears in such authorisation or arrangements, continue to apply in relation to the financial year beginning on 1st April 2002.

Section 33 Required content of schemes

A scheme prepared by a local education authority under section 48(1) of the 1998 Act shall deal with the matters connected with the financing of schools maintained by the authority set out in Schedule 4.

Section 34 Manner of publication

For the purposes of paragraph 1(7) of Schedule 14 to the 1998 Act (prescribed manner of publication of schemes) a scheme shall be published by the local education authority concerned on its coming into force and in the circumstances prescribed in regulation 35 by—

(a) furnishing a copy to the governing body and a copy to the head teacher of each school maintained by the authority; and

(b) making a copy available for reference at all reasonable times and without charge at each school maintained by the authority and at the principal education office of the authority.

Section 35 Additional occasions when schemes require publication

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.

Section 1 Expenditure supported by specific and certain other grants

Expenditure—

(a) which is offset by a grant made to the authority under conditions which impose restrictions on the particular purposes of the authority for which the grant may be used (other than where the restriction is that the grant form part of the local schools budget or the individual schools budget); or

(b) which relates to an agreed activity or activities in pursuance of targets specified within a Local Public Service Agreement into which the authority has entered, and which the authority proposes to meet from funds provided, in connection with that Agreement, by way of a special grant paid to the authority under section 88B of the Local Govermnent Finance Act 1988 .

Section 2 Expenditure supported by specific and certain other grants

Expenditure, not falling within paragraph 1, but taken into account in determining the amount of any grant of the kind referred to in paragraph 1(a).

Section 3 Special educational provision

Expenditure on services provided by educational psychologists.

Section 4 Special educational provision

Expenditure, not falling within paragraph 3, in connection with the authority’s functions under sections 321 to 331 of the 1996 Act (which functions relate to the identification and assessment of children with special educational needs and the making, maintaining and reviewing of statements for such children).

Section 5 Special educational provision

Subject to paragraphs 6 and 7, expenditure in making the provision specified in a pupil’s statement of special educational needs except where the pupil is—

(a) a registered pupil at a special school maintained by the authority; or

(b) a registered pupil at a primary or secondary school maintained by the authority who occupies one of a number of places at that school which are recognised by the authority as being reserved for children with special educational needs.

Section 6 Special educational provision

Where a pupil falls within paragraph 5(a) or (b) and the cost of the provision specified in the pupil’s statement of special educational needs is significantly greater than that for the generality of pupils at the special school, or occupying the places at the primary or secondary school, in question, the amount by which the expenditure incurred in making the provision specified in his statement of special educational needs is greater than that incurred in making provision for a pupil who falls within such generality of pupils.

Section 7 Special educational provision

Expenditure in making the provision specified in a pupil’s statement of special educational needs where the pupil falls within paragraph 5(b) but the places which are recognised by the authority as being reserved for children with special educational needs are for such pupils with visual, hearing, speech or language impairments or other communication disorder.

Section 8 Special educational provision

Expenditure in respect of specialist support provided to assist the governing bodies of schools in meeting the particular needs of pupils with statements of special educational needs or who are within the scope of School Action Plus as described in the Code of Practice issued under section 313 of the 1996 Act (being expenditure that it would be inappropriate to expect to be met from the school’s budget share).

Section 9 Special educational provision

Expenditure on monitoring the provision for pupils in schools (whether or not maintained by the authority) for the purposes of disseminating good practice in relation to, and improving the quality of educational provision for, children with special educational needs.

Section 10 Special educational provision

Expenditure for purposes connected with the encouragement of—

(a) collaboration between special schools and primary and secondary schools to enable children with special educational needs to engage in activities at primary and secondary schools;

(b) the education of children with special educational needs at primary and secondary schools; and

(c) the engagement of children with special educational needs at primary and secondary schools in activities at the school with children who do not have special educational needs (being expenditure that it would be inappropriate to expect to be met from the school’s budget share);

(d) collaboration with other statutory and voluntary bodies to provide support for children with special educational needs.

Section 11 Special educational provision

Expenditure in connection with—

(a) the provision of guidance and information to the parents of pupils with special educational needs which, in relation to pupils at a school maintained by the authority, is in addition to the information usually provided by the governing bodies of such schools; or

(b) arrangements made by the authority with a view to avoiding or resolving disagreements with the parents of children with special educational needs.

Section 12 Special educational provision

Expenditure in relation to education otherwise than at school under section 19 of the 1996 Act or in relation to a pupil referral unit as defined in that section.

Section 13 Special educational provision

Expenditure, not falling within any other paragraph of this Schedule, incurred in preparing and reviewing a plan which sets out the arrangements made, or proposed to be made, by the authority in connection with the education of children with behavioural difficulties under section 527A of the 1996 Act and such expenditure incurred on services required to implement the plan.

Section 14 Special educational provision

Expenditure on carrying out the authority’s functions under the Children Act 1989 and other functions relating to child protection.

Section 15 Special educational provision

Expenditure on the payment of fees in respect of pupils with special educational needs—

(a) at independent schools or at special schools which are not maintained by a local education authority, under section 348 of the 1996 Act; or

(b) at an institution outside England and Wales, under section 320 of the 1996 Act.