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In exercise of the powers conferred on the Secretary of State by sections 47 and 138(7) and (8) of the School Standards and Framework Act 1998[1] and now vested in the National Assembly for Wales[2], the National Assembly for Wales hereby makes the following Regulations: Name, commencement and application 1. - (1) These Regulations are called the Schools Budget Shares (Wales) Regulations 2004 and come into force on 30 September 2004. (2) These Regulations apply for the purpose of the financing of maintained schools in Wales in respect of any financial year beginning after 31 March 2005. Interpretation 2. - (1) In these Regulations -
(2) In these Regulations a reference (however framed) to a maintained nursery school, a community, foundation or voluntary school or a community or foundation special school includes a new school (within the meaning of section 72(3) of the 1998 Act) which on implementation of proposals for the establishment of the school under any enactment will be such a school and which has a temporary governing body.
section 47(1) of the 1998 Act; delegated budget (cylllideb ddirprwyedig): section 49(7) of the 1998 Act; financial year (blwyddyn ariannol): section 579(1) of the 1996 Act; formula (fformwla): regulation 7 of these Regulations; individual schools budget (cyllideb ysgolion unigol): section 45A(3) of the 1998 Act[10]; key stage (cyfnod allweddol): section 103 of the 2002 Act; nursery school (ysgol feithrin): section 6(1) of the 1996 Act[11]; nursery education (addysg feithrin): section 117 of the 1998 Act; school year (blwyddyn ysgol): section 579(1) of the 1996 Act[12]; schools budget (cyllideb ysgolion): section 45A(2) of the 1998 Act; special educational needs (anghenion addysgol arbennig): section 312(1) of the 1996 Act.
(8) Unless the context otherwise requires, a reference in these Regulations to a numbered regulation is a reference to the regulation of 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.
(b) the correction of errors, whether in calculation or data, under any of the provisions of the 1999 Regulations.
(3) Notwithstanding paragraph (1), Part IV (Schemes) and Schedule 5 to the 1999 Regulations remain in force.
(b) 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 10 in respect of children in nursery classes) for children in nursery classes.
(3) Where the authority determine only one date for the purposes of paragraph (1) it must be a date which falls -
(b) in the school year in which 1 April in the financial year in question falls.
(4) Where the authority determine more than one date for the purposes of paragraph (1) then -
(b) as respects the other date or dates -
(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.
(5) Paragraphs (4) and (5) do not apply in relation to pupils in nursery or reception classes whom the authority take into account under paragraph (1).
(b) 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 (8)).
(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, hours of attendance; (e) special educational needs; (f) whether a pupil at a school is also attending an institution within the further education sector; and (g) whether a pupil is being educated through the medium of Welsh.
(9) A local education authority must include provision in their formula enabling 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, the permanent exclusion of a pupil from the school or the admission of a pupil following that pupil's permanent exclusion from another school maintained by a local education authority.
(b) primary or secondary schools with places which the authority recognise as reserved for children with special educational needs; (c) primary schools with places which the authority recognise as reserved for children in a nursery class; or (d) maintained nursery schools,
a local education authority may take into account in their formula the number of places which they wish to fund at those special schools, in the case of paragraph (a), or the number of places for children with special educational needs in the case of paragraphs (b), (c) and (d) and in all cases may take account of the special educational needs in question.
(b) any amount which the local education authority provides for education of pupils over compulsory school age.
(3) To the extent the Amount is not subject to the conditions in the Grant, a local education authority must, in determining budget shares use a factor which allocates funding in respect of pupils over compulsory school age.
(b) differences between the estimated number of pupils on that date or those dates and the actual number of pupils at the school on that date or those dates were not taken into account in a redetermination of the school's budget share for the preceding financial year,
the local education authority must determine that school's budget share for the financial year in question so as to take into account those differences.
(b) any increase in the school's budget share for the preceding financial year arising from increases in pupil numbers during the course of the preceding financial year.
(4) A local education authority must include factors or criteria in their formula which satisfy the requirements of this regulation.
(b) a school (other than a new school) proposals for the establishment of which under any enactment have not been fully implemented; (c) a school which is the subject of proposals for a prescribed alteration under Chapter II of Part II of the 1998 Act or section 113A of the 2000 Act[20]; (d) 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 (e) a maintained nursery school which is to be discontinued in the financial year in question,
the local education authority must 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; 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.
(b) if no such number was indicated, such number as the authority may determine.
Redetermination of budget shares
(b) other changes during that financial year in the data by reference to which the budget share was determined; and (c) changes during that financial year in the amount of the authority's individual schools budget.
(2) A local education authority must 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 30 of Schedule 2 to the 2003 Regulations[21].
(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 30 of Schedule 2 to the 2003 Regulations.
(4) Where a local education authority propose to retain part of their individual schools budget pursuant to regulation 5(2) for the purpose of redeterminations or the correction of errors they must include factors or criteria in their formula which require them to redetermine schools' budget shares before the end of the financial year in question so as to distribute to schools the unallocated balance of any such retained amount on the basis of pupil numbers in accordance with regulation 8(1) or (6).
(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.
(2) For the purposes of this regulation, the budget shares of schools providing education for pupils over compulsory school age, of special schools and any part of the individual schools budget retained pursuant to regulation 5(2) for the purpose of redeterminations or the correction of errors must be excluded from the local education authority's individual schools budget. Except where otherwise stated the factors or criteria set out below in this Schedule may be taken into account by a local education authority in their formula on the basis of actual or estimated cost. Where in a financial year a local education authority take factors or criteria into account in their formula which are additional to or different from factors or criteria taken into account in the preceding financial year, they may make such transitional provision as they consider reasonable. 1. Special educational needs of pupils determined in a manner that the authority consider appropriate as a means of assessing such needs. 2. Pupils for whom English or Welsh is not their first language. 3. Turnover of pupils other than as part of the general admissions process at a school. 4. The extent to which the authority meet the cost of admission arrangements at a school other than from the school's delegated budget. 5. The size and condition of a school's buildings and grounds relative to those of other schools maintained by the authority: the funding must be in accordance with scales published by the authority which reflect (so far as appropriate) the statutory duties of governing bodies in relation to school premises and their eligibility for grant from the National Assembly or any government department. 6. A school which has a split site: the funding must be in accordance with criteria published by the authority. 7. Facilities, for the education of pupils, found at some schools only. 8. Rates payable in respect of the premises of each school (including actual or estimated cost). 9. Charges for water and sewerage (including actual or estimated cost). 10. Use of energy by schools. 11. Rent payable in respect of school premises or payments in respect of the use by a school of facilities not exclusively occupied by that school (including actual or estimated cost). 12. Cleaning of school premises. 13. Transport to and from activities outside the school premises which form part of the school's curriculum (including actual or estimated cost). 14. Hire of facilities outside school premises (including actual or estimated cost). 15. In cases where an amount in respect of insurance is to be included in the school's budget shares -
(b) where the authority do not insure, the appropriate proportion of the amount that the authority would have spent had they insured,
to be determined on a basis decided by the authority which must have regard to the number of registered pupils at the school. (This note is not part of the Regulations) A local education authority's individual schools budget is to be divided between the schools which they maintain in the form of budget shares for each school. These Regulations provide the basis on which, for any financial year beginning after 31 March 2005, a local education authority may determine the amount from their individual schools budget to be allocated to each school as its budget share for a financial year. Subject to transitional provisions in regulation 3, these Regulations revoke on 1 April 2005 the Financing of Maintained Schools Regulations 1999 (to the extent not previously revoked) as amended by the Financing of Maintained Schools (Amendment) (Wales) Regulations 2000; the Financing of Maintained Schools (Amendment) (Wales) Regulations 2001; the Financing of Maintained Schools (Amendment) (Wales) Regulations 2002 and the Financing of Maintained Schools (Amendment) (Wales) Regulations 2003. Regulation 4 requires a local education authority to allocate all of its individual schools budget for a financial year as the budget shares of schools which they maintain. Regulation 5 requires the initial determination of a school's budget share to take place before the beginning of the financial year in which it will apply. A local education authority is permitted to retain an amount of the individual schools budget for redetermination or correction of errors. Regulation 6 indicates when and who the local education authority must consult about any proposed changes to the factors and criteria or the methods, principles and rules which were adopted in their formula. Regulation 7 requires the local education authority to determine the formula to be used in determining schools' budget shares in the financial year having regard to the factors, criteria and requirements in the Regulations. Regulation 8 describes the circumstances in which a local education authority must take into account in their formula the numbers of registered pupils at the schools. The requirement does not include pupils over compulsory school age or children in places reserved for special educational needs. Regulation 9 makes provision for pupils registered at more than one school. Regulation 10 enables a local education authority to make provisions in their formula in relation to determining budget shares for special schools and schools with places reserved for children with special educational needs. Regulation 11 requires a local education authority to include factors or criteria in their formula in respect of deductions from their schools budget of planned expenditure relating to schools of a particular description. Regulation 12 precludes a local education authority from making provision in their formula which discriminate between schools by reference to their category except where it is justified by differences in the functions of the governing bodies of schools of different categories. Regulation 13 enables a local education authority in specified circumstances to take into account the factors or criteria set out in the Schedule to these Regulations in determining budget shares for schools. A local education authority is also required to take account in their formula in determining budget shares a factor or factors based on the incidence of social deprivation among pupils. Regulation 14 makes provision for the funding of pupils over compulsory school age. In providing budget shares the local education authority is required to include a sum allocated in accordance with the conditions of grant payable by the National Council under s36 of the Learning and Skills Act 2000. Regulation 15 requires the local education authority to redetermine a secondary school's budget share where the National Council notifies a revision in the grant previously determined. Regulation 16 requires the local education authority to make budget share adjustments to take account of changes to numbers of registered pupils and change to other data in the preceding financial year. The local education authority must include factors or requirements in their formula to satisfy the requirements of the regulation. Regulation 17 requires the local education authority to include factors or criteria in their formula to enable them to determine a school's budget share where specified reorganisation of the school has occurred or will take place. Regulation 18 requires the local education authority to include factors or criteria in their formula to redetermine a school's budget share if they wish to take account of specified changes to pupil numbers and other changes. Regulation 19 provides formulae to be used to redetermine a school's budget share where a pupil is permanently excluded from a school. Regulation 20 requires the local education authority to ensure that in determining budget shares their formula provides that at least 70 per cent of the amount which is their individual schools budget is allocated in one or more of the specified manners. Regulation 21 enables a local education authority to redetermine a school's budget share for that financial year to correct an error. Regulation 22 enables the National Assembly to authorise the local education authority to determine or redetermine budget shares in accordance with approved arrangement that supersede the requirements of the Regulations. Notes: [1] 1998 c.31; for the meaning of "prescribed" and "regulations" see section 142(1).back [2] See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back [6] S.I.1999/101 amended by S.I. 2000/911 (W.40), 2001/495 (W. 22), 2002/136(W.19) and 2003/538 (W.75).back [8] The National Council was established by section 30 of the 2000 Act.back [9] Section 494 was substituted by paragraph 128 of Schedule 30 to the 1998 Act.back [10] Section 45A was inserted by section 41(1) of the 2002 Act (S.I. 2003/2961 (W.278)).back [11] Section 6(1) is amended by section 156(1) of the 2002 Act.back [12] Inserted by the Education Act 1997 (c.44), Schedule 7, paragraph 43.back [13] Regulations 2, 3 and 5 of, and Schedule 2, to the 1999 Regulations were revoked on 1 April 2004 by the 2003 Regulations.back [14] S.I. 2000/911 (W.40).back [15] S.I. 2001/495 (W.22).back [16] S.I. 2002/136 (W.19).back [17] S.I. 2003/538 (W.75).back [18] The schools forums were established by regulation 2 of the Schools Forums (Wales) Regulations 2003 (S.I. 2003/2909 (W.275)).back [19] The relevant Regulations, as at the date these Regulations are made, are the Education (Pupil Registration) Regulations 1995 (S.I. 1995/2089) which remain in force by virtue of paragraph 1 of Schedule 39 to the 1996 Act. Amending instruments are S.I. 1997/2624 and S.I. 2001/1109.back [20] Section 113A was inserted by section 72(1) of the 2002 Act.back [21] S.I.2003/3118(W.296).back [22] Section 494 is substituted by paragraph 128 of Schedule 30 to the 1998 Act. The relevant Regulations are the Education (Amount to follow Permanently Excluded Pupil) Regulations 1999, S.I. 1999/495 as amended by the Education (Pupil Exclusions and Appeals) (Maintained Schools) (Wales) Regulations 2003, S.I. 2003/3227 (W.308).back [24] S.I. 1997/319; amended by S.I. 1998/371 and S.I. 1999/1852.back [25] As at the date these Regulations are made the relevant order is S.I 2002/2169.back [26] As at the date these Regulations are made the relevant document is the School Teachers' Pay and Conditions Document 2003 (ISBN 0 11 271146-4). That document was given effect in the Education (School Teachers' Pay and Conditions) No 2 Order 2003 (S.I. 2003/2169) and amendments to it were given effect in S.I. 2003/2640 and 2004/658.back [27] The relevant Regulations as at the date these Regulations are made are the Education (Infant Class Size Reduction) (Wales) Regulations 1998 (S.I. 1998/1943).back
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