The Financing of Maintained Schools (England) Regulations 2002
PART IINTRODUCTION
1Citation, commencement, application and interpretation
2Revocation of the 2000 Regulations and operation of the 2001 Regulations
PART IILOCAL AND INDIVIDUAL SCHOOLS BUDGET
3Local schools budget
4Exceptions
5Individual schools budget
PART IIISCHOOLS' BUDGET SHARES: MAIN PROVISIONS
6Determination of budget shares
7Allocation of individual schools budget
8Timing of determination of budget shares
9Consultation
10Formula for determination of budget shares
11Pupil numbers
12Dates for ascertaining pupil numbers
13Pupil numbers: Dual registration
14Places
15Differential funding
16Additional factors or criteria
17Sixth form funding
18Budget share adjustments in relation to the financial year beginning on 1st April 2001: Pupil numbers
19Budget share adjustments in relation to the financial year beginning on 1st April 2001: Non-pupil number factors
20New and reorganised schools
21Transitional funding
22Redetermination of budget shares
23Pupils permanently excluded or admitted following a permanent exclusion
24Additional 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
25Additional 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
26Additional provisions for redeterminations in relation to financial years beginning on or before 1st April 1998: Former grant-maintained or grant-maintained special schools
27Percentage of “pupil-led” funding
PART IVADDITIONAL AMOUNT TO BE ADDED TO AMOUNT DETERMINED UNDER PART III
28Definition for Part IV
29Determination of additional amount
30Redeterminations of budget shares under Part III
PART VCORRECTION OF ERRORS AND ADDITIONAL ARRANGEMENTS APPROVED BY THE SECRETARY OF STATE
31Correction of errors
32Additional arrangements approved by the Secretary of State
PART VISCHEMES
33Required content of schemes
34Manner of publication
35Additional occasions when schemes require publication
SCHEDULE 1CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE WHICH MAY BE DEDUCTED FROM THE LOCAL SCHOOLS BUDGET OF A LOCAL EDUCATION AUTHORITY
1Expenditure supported by specific and certain other grants
2Expenditure, not falling within paragraph 1, but taken into account...
3Special educational provision
4Expenditure, not falling within paragraph 3, in connection with the...
5Subject to paragraphs 6 and 7, expenditure in making the...
6Where a pupil falls within paragraph 5(a) or (b) and...
7Expenditure in making the provision specified in a pupil’s statement...
8Expenditure in respect of specialist support provided to assist the...
9Expenditure on monitoring the provision for pupils in schools (whether...
10Expenditure for purposes connected with the encouragement of—
11Expenditure in connection with— (a) the provision of guidance and...
12Expenditure in relation to education otherwise than at school under...
13Expenditure, not falling within any other paragraph of this Schedule,...
14Expenditure on carrying out the authority’s functions under the Children...
15Expenditure on the payment of fees in respect of pupils...
16Expenditure incurred in entering into, or subsequently incurred pursuant to,...
17Expenditure in providing special medical support for individual pupils in...
18School improvement
19Access to education
20Expenditure on milk, meals and other refreshment pursuant to section...
21Expenditure on the repair and maintenance of a school kitchen...
22Expenditure on determining the eligibility of a pupil for free...
23Expenditure pursuant to section 18 of the 1996 Act in...
24Expenditure on the provision of tuition in music or on...
25Expenditure which enables pupils to enhance their experience of the...
26Expenditure on outdoor education centres but not including centres wholly...
27Strategic management
28Expenditure in connection with the authority’s functions in relation to...
29Expenditure in respect of the dismissal or premature retirement of,...
30Expenditure in respect of a teacher’s emoluments under section 19(9)...
31Expenditure without which the education of pupils at a school...
32Expenditure on increases to a school’s budget share to which...
33Expenditure on establishing and maintaining electronic computer systems, including data...
34Expenditure on insurance except to the extent that governing bodies...
35Expenditure in making payments to, or in providing a temporary...
36Expenditure in making payments to, or in providing a temporary...
37Expenditure in making payments to, or in providing a temporary...
38Expenditure in making payments to, or in providing a temporary...
39Expenditure on the appointment of governors, the making of instruments...
40Expenditure on services to schools provided by museums and galleries....
41Expenditure on library services for primary and special schools, other...
42Expenditure on licence fees or subscriptions paid on behalf of...
43Expenditure in pursuance of a binding agreement, where the other...
44Expenditure on monitoring National Curriculum assessment arrangements required by orders...
45Expenditure for purposes not falling within any other paragraph of...
SCHEDULE 2ADDITIONAL FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT IN A LOCAL EDUCATION AUTHORITY'S FORMULA UNDER REGULATION 10
1Special educational needs of pupils determined in a manner that...
2Pupils for whom English is not their first language.
3Turnover of pupils other than as part of the general...
4Admission arrangements at a school.
5The size, condition and characteristics of a school’s buildings and...
6A school which has a split site: The funding must...
7Facilities found at some schools only.
8Rates payable in respect of the premises of each school...
9Use of energy by schools.
10Rent payable in respect of school premises (including actual or...
11Transport to and from activities outside the school premises which...
12Hire of facilities outside school premises (including actual or estimated...
13Insurance: the funding must be the appropriate proportion of the...
14Payments in relation to a private finance transaction as defined...
15Amounts payable to a school which is, as the result...
16Whether the school is to be discontinued in the financial...
17School milk, meals and other refreshment: The authority may not...
18Salaries at a school (including actual or estimated cost): The...
19Safeguarding of salaries in accordance with a School Teachers' Pay...
20Social priority allowances paid in accordance with a School Teachers'...
21Differential costs of London weighting of salaries.
22The need for single payments to be allocated to primary,...
23The need for payments to be allocated to schools, of...
24Schools whose budget shares would otherwise be reduced year-on-year by...
25Contracts to which the governing body of a school are...
26Effect of taxation on schools.
27Housing development or armed forces movements leading to a reduction...
28Such items of expenditure in connection with provision for pupils...
SCHEDULE 3PROTECTED LEVEL OF FUNDING
1(1) This Schedule applies for the purpose of determining the...
2Subject to paragraphs 3, 4 and 5, the protected level...
3(1) In the case of a special school which has...
4The protected level of funding for the financial year beginning...
5Where a school is to close during the financial year,...
SCHEDULE 4CONTENTS OF SCHEMES
1The carrying forward from one financial year to another of...
2The carrying forward from one financial year to another of...
3Amounts which may be charged against schools' budget shares.
4Amounts received by schools which may be retained by their...
5The imposition, by or under the scheme, of conditions which...
6Terms on which services and facilities are provided by the...
7The payment of interest by or to the authority.
8The times at which amounts equal in total to the...
9The virement between budget heads within the delegated budget.
10Circumstances in which the authority may delegate to the governing...
11The use of delegated budgets and of sums made available...
12Borrowing by governing bodies.
13The banking arrangements that may be made by governing bodies....
14A statement as to the personal liability of governors in...
15A statement as to the allowances payable to governors of...
16The keeping of a register of any business interests of...
17The provision of information by and to the governing body....
18The maintenance of inventories of assets.
19Plans of a governing body’s expenditure.
20A statement as to the taxation of sums paid or...
21Insurance.
22The use of delegated budgets by governing bodies so as...
23The repayment to the Secretary of State of loans made...
24The provision of legal advice to the governing body.
25Funding for child protection issues.
26School meals.
27To whom in the authority complaints should be made by...

2002 No. 377

EDUCATION, ENGLAND

The Financing of Maintained Schools (England) Regulations 2002

Made

Laid before Parliament

Coming into force

In exercise of the powers conferred on the Secretary of State by sections 46, 47, 48(1) and (2) and 138(7) of, and paragraph 1(7) of Schedule 14 to, the School Standards and Framework Act 19981 the Secretary of State for Education and Skills hereby makes the following Regulations: