Modifications etc. (not altering text)
C1Pt. 2 Ch. 4 (ss. 45-53) modified (20.11.1998) by S.I. 1998/2670, reg. 3(1)(3)
C2Pt. 2 Ch. 4 applied (with modifications) (W.) (12.4.2010) by The Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010 (S.I. 2010/638), regs. 1(1), 74, 75
C3Pt. 2 Ch. 4 applied (E.) (1.9.2012) by The School Governance (Federations) (England) Regulations 2012 (S.I. 2012/1035), regs. 1, 28 (with reg. 2)
C4Pt. 2 Ch. 4 applied (W.) (22.5.2014) by The Federation of Maintained Schools (Wales) Regulations 2014 (S.I. 2014/1132), regs. 1(1), 77, 78
(1)For the purposes of this Part a maintained school’s budget share for a [F1funding period] is such amount as the [F2local authority] may determine, in accordance with regulations, to allocate to the school out of the authority’s individual schools budget for [F3that period].
(2)Regulations under this section may, in particular, make provision—
(a)as to the time when schools’ budget shares are to be initially determined by [F4local authorities];
(b)specifying—
(i)factors or criteria which such authorities are to take into account, or
(ii)requirements as to other matters with which such authorities are to comply,
in determining such shares, whether generally or in such cases as are specified in the regulations;
(c)requiring adjustments to be made to such shares by such authorities in respect of—
(i)pupils permanently excluded from schools maintained by them, or
(ii)pupils admitted to schools maintained by them who have been permanently excluded from other maintained schools;
(d)as to the treatment of new schools, including provision authorising the determination of nil amounts as the budget shares of such schools;
[F5(dd)authorising or requiring such authorities to take account of matters arising after the initial determination of budget shares for a funding period but before the beginning of the funding period, by redetermining budget shares for that period in accordance with the regulations, and requiring them in that connection to disregard such matters as may be specified in the regulations;]
(e)authorising or requiring such authorities to take account of matters arising during the course of a [F6funding period]—
(i)by redetermining budget shares for that [F7funding period], or
(ii)by making adjustments to such shares for the following [F7funding period],
in accordance with the regulations, and requiring them in that connection to disregard such matters as may be specified in the regulations;
(f)requiring consultation to be carried out by such authorities in relation to the factors or criteria which are to be taken into account in determining such shares and as to the time and manner of such consultation;
[F8(ff)requiring notice of any initial determination or revised determination to be given in accordance with the regulations to the governing bodies of schools maintained by the authority in question;]
[F9(g)authorising [F4local authorities] in prescribed cases to determine (or redetermine) budget shares, to such extent as may be prescribed, in accordance with arrangements approved by the authority's schools forum or the Secretary of State in accordance with the regulations (in place of the arrangements provided for by the regulations);]
[F10(2A)The time by which regulations made in pursuance of subsection (2)(a) require an initial determination of schools' budget shares for a funding period to be made may be up to 48 months before the beginning of the funding period.]
(3)Regulations made in pursuance of subsection (2)(c) may provide for the adjustments to be made on such basis as may be prescribed, which may involve the deduction from one school’s budget share of an amount which is greater or less than that allocated to another school’s budget share in respect of the excluded pupil.
Textual Amendments
F1Words in s. 47(1) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 6(2)(a) (with s. 119); S.I. 2005/2034, art. 8
F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))
F3Words in s. 47(1) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 6(2)(b) (with s. 119); S.I. 2005/2034, art. 8
F4Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(3) (with Sch. 2 para. 10(4))
F5S. 47(2)(dd) inserted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 6(3)(a) (with s. 119); S.I. 2005/2034, art. 8
F6Words in s. 47(2)(e) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 6(3)(b) (with s. 119); S.I. 2005/2034, art. 8
F7Words in s. 47(2)(e)(i)(ii) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 6(3)(b) (with s. 119); S.I. 2005/2034, art. 8
F8S. 47(2)(ff) inserted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 6(3)(c) (with s. 119); S.I. 2005/2034, art. 8
F9S. 47(2)(g) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 6(3)(d) (with s. 119); S.I. 2005/2034, art. 8 (with Sch. paras. 34)
F10S. 47(2A) inserted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 6(4) (with s. 119); S.I. 2005/2034, art. 8