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The Financing of Maintained Schools (England) Regulations 2004

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1.  (1)  These Regulations may be cited as the Financing of Maintained Schools (England) Regulations 2004 and shall come into force on 13th January 2005.

(2) Save for regulation 2(2), these Regulations shall apply for the purposes of the financing of maintained schools in England in the financial year beginning on 1st April 2005.

(3) In these Regulations—

(a)“the 1996 Act” means the Education Act 1996(1);

(b)“the 1998 Act” means the School Standards and Framework Act 1998;

(c)“the 2000 Act” means the Learning and Skills Act 2000(2);

(d)“the 2002 Act” means the Education Act 2002;

(e)“the 1999 Regulations” means the Financing of Maintained Schools Regulations 1999(3);

(f)“the 2000 Regulations” means the Financing of Maintained Schools (England) Regulations 2000(4);

(g)“the 2001 Regulations” means the Financing of Maintained Schools (England) Regulations 2001(5);

(h)“the 2002 Regulations” means the Financing of Maintained Schools (England) Regulations 2002(6);

(i)“the 2003 Regulations” means the Financing of Maintained Schools (England) Regulations 2003(7); and

(j)“the 2003 (No. 2) Regulations” means the Financing of Maintained Schools (England) (No. 2) Regulations 2003;

(k)“the Budget Regulations” means the LEA Budget, Schools Budget and Individual Schools Budget Regulations (England) 2004(8);

(l)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;

(m)a reference to a governing body includes the temporary governing body of a proposed school falling within sub-paragraph (q);

(n)a reference to a local education authority’s formula is a reference to a formula as provided in regulation 7;

(o)a reference to the LSC is a reference to the Learning and Skills Council for England(9);

(p)“maintained school” means a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school(10);

(q)a reference (however framed) to a maintained nursery school, 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;

(r)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);

(s)a reference to a primary or secondary school means a primary or secondary school which is a community, foundation or voluntary school, or a maintained nursery school;

(t)a reference to proposals for the establishment of a school is a reference to a proposal for the establishment of the school under sections 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act, section 113A of and Schedule 7A to the 2000 Act(12) or section 70 of the 2002 Act;

(u)“standards fund grant” means the sum of money paid under that name to a local education authority by the Secretary of State under section 14 of the Education Act 2002;

(v)“School Standards Grant” means the sum of money paid under that name to a local education authority by the Secretary of State under section 14 of the Education Act 2002.

(3)

S.I. 1999/101.

(4)

S.I. 2000/478.

(5)

S.I. 2001/475.

(6)

S.I. 2002/377.

(7)

S.I. 2003/ 453, as amended by S.I. 2003/3247.

(8)

S.I. 2004/3131.

(9)

The Learning and Skills Council for England was established under section 1 of the 2000 Act.

(10)

This definition reflects subsection (1A) of section 45 of the 1998 Act which was inserted by paragraph 99 of Schedule 21 to the 2002 Act.

(11)

Section 494 was substituted by paragraph 128 of Schedule 30 to the 1998 Act.

(12)

Section 113A and Schedule 7A were inserted by section 7 of, and Schedule 9 to, the 2002 Act.

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