The Financing of Maintained Schools (England) Regulations 2002

Regulation 5

SCHEDULE 1 CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE WHICH MAY BE DEDUCTED FROM THE LOCAL SCHOOLS BUDGET OF A LOCAL EDUCATION AUTHORITY

Expenditure of a class or description referred to in this Schedule includes expenditure on associated administrative costs and overheads.

Expenditure supported by specific and certain other grants

1.  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(1).

2.  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).

Special educational provision

3.  Expenditure on services provided by educational psychologists.

4.  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).

5.  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.

6.  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.

7.  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.

8.  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(2) 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).

9.  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.

10.  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.

11.  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.

12.  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.

13.  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(3) and such expenditure incurred on services required to implement the plan.

14.  Expenditure on carrying out the authority’s functions under the Children Act 1989(4) and other functions relating to child protection.

15.  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.

16.  Expenditure incurred in entering into, or subsequently incurred pursuant to, an arrangement with a Health Authority, Primary Care Trust or NHS Trust under section 31 of the Health Act 1999(5).

17.  Expenditure in providing special medical support for individual pupils in so far as such expenditure is not met by a Health Authority, Primary Care Trust or NHS Trust.

School improvement

18.  Expenditure, not falling within any other paragraph of this Schedule, incurred in respect of action to support the improvement of standards in the authority’s schools (including, in particular, expenditure incurred in preparing, reviewing and implementing the authority’s education development plan under sections 6 and 7 of the 1998 Act).

Access to education

19.  Expenditure in relation to the following matters—

(a) management of the authority’s capital programme including preparation and review of an asset management plan and negotiation and management of private finance transactions as defined in regulation 16 of the Local Authorities (Capital Finance) Regulations 1997(6);

(b) planning and managing the supply of school places, including the authority’s functions—

(i) in relation to school organisation plans pursuant to section 26 of the 1998 Act,

(ii) in relation to the establishment, alteration or discontinuance of schools pursuant to Chapter II of Part II of the 1998 Act;

(c) administration of the system of admissions of pupils to schools (including expenditure incurred in carrying out consultations under section 89(2) of the 1998 Act and in establishing, maintaining and consulting representative bodies for the purposes of admissions) and in relation to appeals, provided that, except where the governing body have agreed with the authority that this proviso should not apply to them or where the authority are satisfied that factors or criteria in their formula already make suitable provision, the authority shall—

(i) allocate to each governing body who are an admission authority, as defined in section 88(1) of the 1998 Act, an amount determined by the authority as that reasonably required by the governing body to meet expenditure incurred in connection with the system of admissions of pupils to the school and any appeals, taking into account any factors or criteria in their formula which relate to such arrangements, and

(ii) allow the governing body to determine how such amount should be spent for that purpose;

(d) the authority’s functions in relation to the exclusion of pupils from schools including advice to the parents of an excluded pupil;

(e) school organisation committees;

(f) the authority’s functions under section 509 of the 1996 Act (home-to-school transport);

(g) the authority’s functions under sections 510, 514 and 518(7) of the 1996 Act (provision and administration of clothing grants, boarding grants and educational maintenance allowances); and

(h) the Education Welfare Service and other expenditure arising from the authority’s functions under Chapter II of Part VI of the 1996 Act (school attendance).

20.  Expenditure on milk, meals and other refreshment pursuant to section 512 or 513 of the 1996 Act falling within the following categories—

(a) expenditure in respect of meals at any primary or special school which is not a former grant-maintained or grant-maintained special school, unless the governing body have elected to receive funding for meals as part of their school’s budget share;

(b) expenditure in respect of meals at any former grant-maintained primary or special school where the governing body have elected not to receive funding for meals as part of their school’s budget share;

(c) expenditure in respect of milk at any school which is not a former grant-maintained or grant-maintained special school;

(d) expenditure in respect of milk at any former grant-maintained or grant-maintained special school where the provision of that milk attracts a subsidy from the European Union.

21.  Expenditure on the repair and maintenance of a school kitchen where expenditure on meals in relation to the school concerned is deducted from the authority’s local schools budget pursuant to paragraph 20.

22.  Expenditure on determining the eligibility of a pupil for free school meals.

23.  Expenditure pursuant to section 18 of the 1996 Act in making any grant or other payment in respect of fees or expenses (of whatever nature) which are payable in connection with the attendance of pupils at a school which is not maintained by any local education authority.

24.  Expenditure on the provision of tuition in music or on other activities which provide opportunities for pupils to enhance their experience of music.

25.  Expenditure which enables pupils to enhance their experience of the visual and performing arts other than music.

26.  Expenditure on outdoor education centres but not including centres wholly or mainly for the provision of organised games, swimming or athletics.

Strategic management

27.  Expenditure in their capacity as a local education authority in relation to—

(a) the Chief Education Officer and his personal staff;

(b) planning for the education service as a whole;

(c) functions of the authority under Part I of the Local Government Act 1999(8) (Best Value) and also the provision of advice to assist governing bodies in procuring goods and services with a view to securing continuous improvement in the way the functions of those governing bodies are exercised, having regard to a combination of economy, efficiency and effectiveness;

(d) revenue budget preparation; the preparation of information on income and expenditure relating to education, for incorporation into the authority’s annual statement of accounts; and the external audit of grant claims and returns relating to education;

(e) administration of grants to the authority (including preparation of applications), functions imposed by or under Chapter IV of Part II of the 1998 Act and, where it is the authority’s duty to do so, ensuring payments are made in respect of taxation, national insurance and superannuation contributions;

(f) authorisation and monitoring of expenditure which is not met from schools' budget shares (including expenditure in respect of schools which do not have delegated budgets) and all financial administration relating thereto;

(g) internal audit and other tasks necessary for the discharge of the authority’s chief finance officer’s responsibilities under section 151 of the Local Government Act 1972(9);

(h) recruitment, training and personnel management of staff who are funded by expenditure not met from schools' budget shares or who are employed in schools which do not have delegated budgets;

(i) investigations which the authority carry out of employees or potential employees of the authority or of governing bodies of schools, or of persons otherwise engaged or to be engaged with or without remuneration to work at or for schools;

(j) functions of the authority in relation to local government superannuation which it is not reasonably practicable for another person to carry out and functions of the authority in relation to the administration of teachers' pensions;

(k) retrospective membership of pension schemes and retrospective elections made in respect of pensions where it would not be appropriate to expect the governing body of a school to meet the cost from the school’s budget share;

(l) advice, in accordance with the authority’s statutory functions, to governing bodies in relation to staff employed, or to be employed, at a school;

(m) determination of conditions of service for non-teaching staff and advice to schools on the grading of such staff;

(n) the authority’s functions regarding the appointment or dismissal of employees;

(o) consultation and functions preparatory to consultation with governing bodies and persons employed at schools or their representatives, or with other interested bodies;

(p) compliance with the authority’s duties under the Health and Safety at Work etc. Act 1974(10) and the relevant statutory provisions as defined in section 53(1) of that Act in so far as compliance cannot reasonably be achieved through functions delegated to the governing bodies of schools; but including expenditure incurred by the authority in monitoring the performance of such functions by governing bodies and where necessary the giving of advice to them;

(q) the investigation and resolution of complaints;

(r) legal services relating to the statutory functions of the authority;

(s) the preparation and review of plans involving collaboration with other local authority services or with public or voluntary bodies;

(t) the preparation, modification and revision of an early years development plan for their area under sections 120 and 121 of the 1998 Act;

(u) provision of information to or at the request of the Crown and the provision of other information which the authority are under a duty to make available;

(v) the authority’s duties under Article 4(2) and (5) of the Race Relations Act 1976 (Statutory Duties) Order 2001(11);

(w) the remittance of fees payable to the General Teaching Council for England by virtue of section 4(4) of the Teaching and Higher Education Act l998(12) and the provision of information required by the Council pursuant to regulations(13) made under section 12 of that Act.

28.  Expenditure in connection with the authority’s functions in relation to the standing advisory council on religious education constituted by the authority under section 390 of the 1996 Act or in the reconsideration and preparation of an agreed syllabus of religious education in accordance with Schedule 31 to the 1996 Act.

29.  Expenditure in respect of the dismissal or premature retirement of, or for the purpose of securing the resignation of, or in respect of acts of discrimination against, any person which falls to be met by the authority except such expenditure which falls to be met from a school’s budget share, by virtue of section 57 of the 1998 Act or the authority’s scheme.

30.  Expenditure in respect of a teacher’s emoluments under section 19(9) of the Teaching and Higher Education Act 1998 except such expenditure which falls to be met from a school’s budget share.

31.  Expenditure without which the education of pupils at a school would be seriously prejudiced and which because of either—

(a) its size and unexpectedness; or

(b) its size and unavoidability,

it would not be reasonable to expect the governing body to meet from the school’s budget share.

32.  Expenditure on increases to a school’s budget share to which the school is entitled by virtue of the authority’s formula under regulation 10 or arrangements under regulation 32 or expenditure on the correction of errors.

33.  Expenditure on establishing and maintaining electronic computer systems, including data storage, in so far as they link, or facilitate the linkage of, the authority to schools which they maintain, such schools to each other or such schools to other persons or institutions.

34.  Expenditure on insurance except to the extent that governing bodies have elected to receive funding for insurance as part of their schools' budget shares.

35.  Expenditure in making payments to, or in providing a temporary replacement for, a woman on maternity leave.

36.  Expenditure in making payments to, or in providing a temporary replacement for, persons—

(a) carrying out trade union duties or undergoing training under section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992(14);

(b) taking part in trade union activities under section 170 of the Trade Union and Labour Relations (Consolidation) Act 1992;

(c) performing public duties under section 50 of the Employment Rights Act 1996(15);

(d) undertaking jury service;

(e) who are safety representatives under the Safety Representatives and Safety Committee Regulations 1977(16);

(f) who are representatives of employee safety under the Health and Safety (Consultation with Employees) Regulations 1996(17);

(g) who are employee representatives for the purposes of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 as defined in section 196 of that Act or regulations 10 and 11 of the Transfer of Undertakings (Protection of Employment) Regulations 1981 as defined in regulation 11A of those Regulations(18);

(h) taking time off for ante-natal care under section 55 of the Employment Rights Act 1996;

(i) undertaking duties as members of the reserve forces as defined in section 1(2) of the Reserve Forces Act 1996(19);

(j) suspended from working at a school;

(k) who are members of the General Teaching Council for England or a committee thereof.

37.  Expenditure in making payments to, or in providing a temporary replacement for, a person who is seconded on a full-time basis for a period of three months or more other than to a local education authority or the governing body of a school.

38.  Expenditure in making payments to, or in providing a temporary replacement for, persons who have been continuously absent from work because of illness for 21 days or more provided that the net expenditure under this paragraph does not amount to more than 0.1 per cent of the authority’s net local schools budget.

39.  Expenditure on the appointment of governors, the making of instruments of government, the payment of expenses to which governors are entitled and which are not payable from a school’s budget share and the provision of information to governors.

40.  Expenditure on services to schools provided by museums and galleries.

41.  Expenditure on library services for primary and special schools, other than for schools which received funding for library services as part of their budget shares for the financial year beginning on 1st April 1999 to the extent that their governing bodies have elected to receive funding for those same library services as part of their schools' budget shares for the financial year beginning on 1st April 2002, and

Provided that the authority—

(a) notify the governing body of each school, which does not receive funding for library services in its budget share, of the share of the amount retained by the authority in respect of library services which is attributable to that school; and

(b) allow the governing body to determine whether expenditure retained by the authority in respect of their school is to be spent by the authority in providing library services to the school themselves or in procuring that library services are provided to the school by another local authority.

42.  Expenditure on licence fees or subscriptions paid on behalf of schools provided that the net expenditure does not amount in total to more than 0.2 per cent. of the authority’s net local schools budget.

43.  Expenditure in pursuance of a binding agreement, where the other party is a local authority, or the other parties include one or more local authorities, in relation to the operation of a facility provided not solely for the use of schools.

44.  Expenditure on monitoring National Curriculum assessment arrangements required by orders made under section 356 of the 1996 Act(20).

45.  Expenditure for purposes not falling within any other paragraph of this Schedule provided that the net expenditure does not amount in total to more than 0.1 per cent. of the authority’s net local schools budget.

Regulation 16

SCHEDULE 2 ADDITIONAL FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT IN A LOCAL EDUCATION AUTHORITY'S FORMULA UNDER REGULATION 10

Except where otherwise stated the factors or criteria set out below in this Schedule may not be taken into account by a local education authority in their formula on the basis of actual or estimated cost.

Where a local education authority take new factors or criteria into account in their formula or delete factors from their formula or determine a formula substantially or wholly different from the previous year, then 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 is not their first language.

3.  Turnover of pupils other than as part of the general admissions process at a school.

4.  Admission arrangements at a school.

5.  The size, condition and characteristics 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 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 found at some schools only.

8.  Rates payable in respect of the premises of each school (including actual or estimated cost).

9.  Use of energy by schools.

10.  Rent payable in respect of school premises (including actual or estimated cost).

11.  Transport to and from activities outside the school premises which form part of the school’s curriculum.

12.  Hire of facilities outside school premises (including actual or estimated cost).

13.  Insurance: the funding must be the appropriate proportion of the authority’s planned expenditure on insurance or, if 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.

14.  Payments in relation to a private finance transaction as defined in regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 (including actual or estimated cost).

15.  Amounts payable to a school which is, as the result of the discontinuance of one or more maintained schools, either established or, pursuant to Chapter II of Part II of the 1998 Act, the subject of prescribed alterations, to reflect the extent to which a school which has been discontinued has spent more than or has not spent all of its budget share (within the meaning of the 1996 or the 1998 Act) in any financial year. Any such factor or criteria must provide that any amount deducted shall not exceed the amount which the school receives during the financial year as part of its budget share by virtue of being a new school.

16.  Whether the school is to be discontinued in the financial year.

17.  School milk, meals and other refreshment: The authority may not treat any element of this expenditure as having a negative value.

18.  Salaries at a school (including actual or estimated cost): The funding must be in accordance with a scale published by the authority.

19.  Safeguarding of salaries in accordance with a School Teachers' Pay and Conditions Document having effect in accordance with an order under section 2 of the School Teachers' Pay and Conditions Act 1991(21) or other salaries (including actual or estimated cost).

20.  Social priority allowances paid in accordance with a School Teachers' Pay and Conditions Document having effect in accordance with an order under section 2 of the School Teachers' Pay and Conditions Act 1991 (including actual or estimated cost).

21.  Differential costs of London weighting of salaries.

22.  The need for single payments to be allocated to primary, secondary or special schools, or any combination of such schools, regardless of size.

23.  The need for payments to be allocated to schools, of a size and satisfying other conditions, specified by the authority.

24.  Schools whose budget shares would otherwise be reduced year-on-year by a percentage figure of 3 per cent. or more, determined by the authority: The authority must publish that percentage figure and an explanation of how any amounts using such a factor or criteria will be determined including, if applicable, the use to be made of any sliding scale. Such a factor may not take account of the extent to which a school has spent more than or has not spent all of its budget share (within the meaning of the 1996 or 1998 Act) or its maintenance grant (as a grant-maintained or grant-maintained special school) in any financial year.

25.  Contracts to which the governing body of a school are bound by virtue of a provision in the authority’s scheme (including actual or estimated cost).

26.  Effect of taxation on schools.

27.  Housing development or armed forces movements leading to a reduction in numbers on roll at a school of at least 20 per cent. within one year.

28.  Such items of expenditure in connection with provision for pupils registered at other schools as are prescribed by the School Budget Shares (Prescribed Purposes)(England) Regulations 2002(22).

Regulation 21

SCHEDULE 3 PROTECTED LEVEL OF FUNDING

1.—(1) This Schedule applies for the purpose of determining the protected level of funding for a school, to which regulation 21 (transitional funding) applies, in respect of the financial year beginning on 1st April 2002.

(2) References in this Schedule to the number of registered pupils at a school on a particular date are references to the full-time equivalent of that number, where—

(a) “the full-time equivalent” is the number of full-time registered pupils plus half the number of part-time registered pupils; and

(b) 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 five days each week.

2.  Subject to paragraphs 3, 4 and 5, the protected level of funding for the financial year beginning on 1st April 2002 for each school to which regulation 21 applies shall be calculated according to the formula—

Where

• “a” and “b” have the values previously ascribed to them by the Secretary of State for the purposes of Schedule 4 to the 1999 Regulations;

• “c” is the number appearing to the local education authority to be the number of registered pupils at the school on 15th January 1998 save that—

  (a)

  if “c” for the purposes of Schedule 4 to the 1999 Regulations was determined by the Secretary of State in accordance with paragraph 4(c) of that Schedule, then, to the extent that it was so determined other than on the basis of full-time equivalent pupil numbers, the local education authority may, if they consider it reasonable to do so, determine “c” substituting corresponding full-time equivalent pupil numbers; and

  (b)

  in the case of a special school, “c” shall have the value previously ascribed to it by the Secretary of State in relation to that school for the purposes of Schedule 4 to the 1999 Regulations;

• “d” is the number appearing to the local education authority to be—

  (a)

  where the number of registered pupils at the school on 17th January 2002 is greater than the number of registered pupils at the school on 20th January 2000, the number of registered pupils at the school on 20th January 2000 plus an amount calculated to the nearest whole number (with half being rounded up) being 85 per cent. of the difference between those two sets of pupil numbers; or

  (b)

  where the number of registered pupils at the school on 17th January 2002 is less than the number of registered pupils at the school on 20th January 2000, the number of registered pupils at the school on 20th January 2000 less an amount calculated to the nearest whole number (with half being rounded up) being 85 per cent. of the difference between those two sets of pupil numbers; or

  (c)

  where the number of registered pupils at the school on 17th January 2002 is the same as the number of registered pupils at the school on 20th January 2000, the number of registered pupils at the school on 17th January 2002; or

  (d)

  in the case of a special school, the appropriate number of places for which the school could be funded in accordance with these Regulations for the financial year beginning on 1st April 2002.

3.—(1) In the case of a special school which has places for both day and boarding pupils, the protected level of funding for the financial year beginning on 1st April 2002 for the school shall be calculated according to the formula ((e ÷ f) × 1.076890625 × g) + ((h ÷ i) × 1.076890625 × j).

(2) For the purposes of the formula in sub-paragraph (1) above,

• “e”, “f”, “h” and “i” have the values previously ascribed to them by the Secretary of State for the purposes of Schedule 4 to the 1999 Regulations;

• “g” is the number appearing to the local education authority to be the appropriate number of places for day pupils for which the special school could be funded in accordance with these Regulations for the financial year beginning on 1st April 2002;

• “j” is the number appearing to the local education authority to be the appropriate number of places for boarding pupils for which the special school could be funded in accordance with these Regulations for the financial year beginning on 1st April 2002.

4.  The protected level of funding for the financial year beginning on 1st April 2002 for—

• Uppingham Community College, Rutland,

• Casterton Community College, Rutland,

• Vale of Catmose Community College, Rutland,

  shall be

  

  Where

  • “a” is the amount as last determined in respect of the school before 15th December 1998 in accordance with regulation 5 of the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1998(23);

  • “b” is the same as “b” in paragraph 7 of Schedule 4 to the 1999 Regulations;

  • “c” is the number appearing to the local education authority to be the number of registered pupils at the school on 21st January 1999;

  • “d” is the number appearing to the local education authority to be—

    (a)

    where the number of registered pupils at the school on 17th January 2002 is greater than the number of registered pupils at the school on 20th January 2000, the number of registered pupils at the school on 20th January 2000 plus an amount calculated to the nearest whole number (with half being rounded up) being 85 per cent. of the difference between those two sets of pupil numbers; or

    (b)

    where the number of registered pupils at the school on 17th January 2002 is less than the number of registered pupils at the school on 20th January 2000, the number of registered pupils at the school on 20th January 2000 less an amount calculated to the nearest whole number (with half being rounded up) being 85 per cent. of the difference between those two sets of pupil numbers; or

    (c)

    where the number of registered pupils at the school on 17th January 2002 is the same as the number of registered pupils at the school on 20th January 2000, the number of registered pupils at the school on 17th January 2002.

5.  Where a school is to close during the financial year, the protected level of funding shall be the amount determined in accordance with paragraph 2, 3 or 4, as the case may be, divided by 365 and multiplied by the number of days in the period beginning on 1st April 2002 and ending on the day on which the school closes.

Regulation 33

SCHEDULE 4 CONTENTS OF SCHEMES

The matters referred to in regulation 33, being matters connected with the financing of schools maintained by a local education authority, required to be dealt with in the local education authority’s scheme are as follows:

1.  The carrying forward from one financial year to another of surpluses and deficits arising in relation to schools' budget shares including budget shares as defined in section 101(3)(c) of the 1996 Act.

2.  The carrying forward from one financial year to another of surpluses and deficits arising in relation to any maintenance, special purpose or capital grant within the meaning of Chapter VI of Part III of the 1996 Act paid in respect of the school.

3.  Amounts which may be charged against schools' budget shares.

4.  Amounts received by schools which may be retained by their governing bodies and the purposes for which such amounts may be used.

5.  The imposition, by or under the scheme, of conditions which must be complied with by schools in relation to the management of their delegated budgets and of sums made available to governing bodies by the authority which do not form part of delegated budgets, including conditions prescribing financial controls and procedures.

6.  Terms on which services and facilities are provided by the authority for schools maintained by them.

7.  The payment of interest by or to the authority.

8.  The times at which amounts equal in total to the school’s budget share are to be made available to governing bodies and the proportion of the budget share to be made available at each such time.

9.  The virement between budget heads within the delegated budget.

10.  Circumstances in which the authority may delegate to the governing body the power to spend any part of the authority’s local schools budget in addition to those set out in section 49(4)(a) to (c) of the 1998 Act.

11.  The use of delegated budgets and of sums made available to the governing body by the authority which do not form part of delegated budgets.

12.  Borrowing by governing bodies.

13.  The banking arrangements that may be made by governing bodies.

14.  A statement as to the personal liability of governors in respect of schools' budget shares having regard to section 50(7) of the 1998 Act.

15.  A statement as to the allowances payable to governors of a school which does not have a delegated budget in accordance with the scheme made by the authority for the purposes of section 519 of the 1996 Act.

16.  The keeping of a register of any business interests of the governors and the head teacher.

17.  The provision of information by and to the governing body.

18.  The maintenance of inventories of assets.

19.  Plans of a governing body’s expenditure.

20.  A statement as to the taxation of sums paid or received by a governing body.

21.  Insurance.

22.  The use of delegated budgets by governing bodies so as to satisfy the authority’s duties imposed by or under the Health and Safety at Work etc. Act 1974.

23.  The repayment to the Secretary of State of loans made to the governing body under section 255 of the 1996 Act.

24.  The provision of legal advice to the governing body.

25.  Funding for child protection issues.

26.  School meals.

27.  To whom in the authority complaints should be made by persons working at the school or by school governors about financial management or financial propriety at the school and how such complaints will be dealt with.

(1)

1998 c. 41. Section 88B was substituted by paragraph 18 of Schedule 10 to the Local Government Finance Act 1992 (1992 c. 14).

(2)

The Special Educational Needs Code of Practice (ISBN 1 84185 529 4).

(3)

Section 527A was inserted by section 9 of the Education Act 1997 (c. 44) and amended by paragraph 144 of Schedule 30 to the 1998 Act.

(4)

1989 c. 41.

(5)

1999 c. 8.

(6)

S.I. 1997/319; amended by S.I. 1998/371 and 1999/1852.

(7)

Section 518 was substituted by section 129 of the 1998 Act. By virtue of regulations 3(1)(a) and 4(g) not all expenditure pursuant to section 518 will form part of the local schools budget.

(8)

1999 c. 27.

(9)

1972 c. 70.

(10)

1974 c. 37.

(11)

S.I. 2001/3458.

(12)

1998 c. 30.

(13)

The regulations currently in force under this provision are the General Teaching Council for England (Deduction of Fees) Regulations 2001 (S.I. 2001/3993).

(14)

1992 c. 52.

(15)

1996 c. 18.

(16)

S.I. 1977/500, amended by S.I. 1996/1513 and 1999/860.

(17)

S.I. 1996/1513.

(18)

S.I. 1981/1794; regulation 11A was inserted by S.I. 1995/2587 and amended by S.I. 1999/1925.

(19)

1996 c. 14.

(20)

At the time these Regulations are made the relevant Orders are the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 1999 (S.I. 1999/1236 amended by 1999/2187 and 2000/1242), the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 1999 (S.I. 1999/2188) and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1999 (S.I. 1999/2189). All the foregoing were amended by the Education (National Curriculum) (Assessment Arrangements) (England) (Amendment) Order 2001 (S.I. 2001/1286).

(21)

1991 c. 49. As at the date these Regulations are made the relevant document is the School Teachers' Pay and Conditions Document 2001 (ISBN 0 11 271107 3). That document was given effect in S.I. 2001/2962.

(22)

S.I. 2002/278.

(23)

S.I. 1998/799.