The LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2004

Regulation 4

SCHEDULE 1 CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE LEA 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.

Special educational provision

1.  Expenditure on services provided by educational psychologists.

2.  Expenditure 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).

3.  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.

4.  Expenditure on collaboration with other statutory and voluntary bodies to provide support for children with special educational needs.

5.  Expenditure in connection with—

(a) the provision of parent partnership services(1) or other 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.

6.  Expenditure 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(2).

7.  Expenditure on carrying out the authority’s functions under the Children Act 1989(3) and under section 175 of the 2002 Act and other functions relating to child protection.

8.  Expenditure incurred in entering into, or subsequently incurred pursuant to, an arrangement under section 31 of the Health Act 1999(4).

9.  Expenditure in providing special medical support for individual pupils in so far as such expenditure is not met by a Primary Care Trust(5), National Health Service Trust(6), NHS foundation trust(7) or Local Health Board(8).

School improvement

10.  Expenditure incurred by the authority in respect of action to support the improvement of standards in the authority’s schools, including, in particular—

(a) expenditure incurred in preparing, reviewing and implementing the authority’s education development plan under sections 6 and 7 of the 1998 Act(9);

(b) expenditure incurred in connection with entering into a contract pursuant to a direction under section 63 of the 2002 Act (contracts to obtain services of an advisory nature in respect of schools with serious weaknesses or schools requiring special measures);

(c) expenditure incurred in connection with the exercise of its functions under sections 14 to 17 of the 1998 Act (powers of intervention, of appointment of additional governors and of suspension of delegated budget in schools causing concern); and

(d) expenditure on the appointment and remuneration of interim executive members under section 16A of the 1998 Act(10).

Access to education

11.  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;

(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 and section 70 of the 2002 Act, or section 113A of, and Schedule 7A to, the 2000 Act;

(c) the authority’s functions in relation to the exclusion of pupils from schools or pupil referral units, excluding the making of any provision of education to such pupils, but including advice to the parents of an excluded pupil;

(d) school organisation committees;

(e) the authority’s functions under section 509 and 509AA to 509AC(11) of the 1996 Act (home-to-school and home-to-college transport); and

(f) the authority’s functions under sections 510 and 514 of the 1996 Act (provision and administration of clothing grants and boarding grants), and pursuant to regulations made under section 518(1)(c)(12) of the 1996 Act.

12.  Expenditure on the Education Welfare Service(13) and other expenditure arising from the authority’s functions under Chapter II of Part VI of the 1996 Act (school attendance).

13.  Expenditure on the provision of support for students under section 1(1) of the Education Act 1962(14) and under section 22 of the Teaching and Higher Education Act 1998(15).

14.  Expenditure on discretionary grants under section 1(6) or 2 of the Education Act 1962 (awards for designated and other courses).

15.  Expenditure on the payment to persons over compulsory school age of allowances pursuant to regulations made under section 518(1)(b)(16) of the 1996 Act (educational maintenance allowances).

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

17.  Expenditure incurred in enabling pupils to enhance their experience of the visual, creative and performing arts other than music.

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

Further education and training for young persons and adults

19.  Expenditure on the provision of education and training and of organised leisure time occupation and other provision under sections 15A and 15B of the 1996 Act(17).

20.  Expenditure on the provision by the local education authority under sections 15A and 508 of the 1996 Act of recreation and social and physical training, and on the authority’s provision of services under section 116 of the 2000 Act to encourage and enable the participation by young people in education and training.

Strategic management

21.  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, including expenditure on any single education plan;

(c) functions of the authority under Part I of the Local Government Act 1999(18) (Best Value) and 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—

(i) expenditure which is not met from schools' budget shares; and

(ii) expenditure in respect of schools which do not have delegated budgets,

and all financial administration relating thereto;

(g) the authority’s functions under section 27 of the 2002 Act (provision of community facilities by governing bodies);

(h) 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(19);

(i) the authority’s functions under regulations made under section 44 of the 2002 Act(20);

(j) recruitment, training, continuing professional development, performance management and personnel management of staff who are funded by expenditure not met from schools' budget shares and who are paid for services carried out in relation to those of the authority’s functions and services which are referred to in paragraphs of this Schedule;

(k) 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;

(l) 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;

(m) 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;

(n) advice, in accordance with the authority’s statutory functions, to governing bodies in relation to staff paid, or to be paid, to work at a school, and advice in relation to the management of all such staff collectively at any individual school (“the school workforce”), including in particular advice with reference to alterations in remuneration, conditions of service and the collective composition and organisation of such school workforce;

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

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

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

(r) compliance with the authority’s duties under the Health and Safety at Work etc. Act 1974(21) and the relevant statutory provisions as defined in section 53(1) of that Act in so far as compliance cannot reasonably be achieved through tasks delegated to the governing bodies of schools; but including expenditure incurred by the authority in monitoring the performance of such tasks by governing bodies and where necessary the giving of advice to them;

(s) the investigation and resolution of complaints;

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

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

(v) the preparation, modification and revision of an early years and childcare development plan for their area under sections 120 and 121 of the 1998 Act(22) and the provision of (but not the expenditure authorised by) an early years development and childcare partnership under section 119 of the 1998 Act(23);

(w) 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;

(x) the authority’s duties under article 4(2) and (5) of the Race Relations Act 1976 (Statutory Duties) Order 2001(24);

(y) 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 1998 and the provision of information required by the Council pursuant to regulations(25) made under section 12 of that Act;

(z) the authority’s functions pursuant to regulations made under section 12 of the 2002 Act (supervising authorities of companies formed by governing bodies); and

(aa) the authority’s functions under the Disability Discrimination Act 1995(26) in so far as compliance cannot reasonably be achieved through tasks delegated to the governing bodies of schools; but including expenditure incurred by the authority in monitoring the performance of such tasks by governing bodies and where necessary the giving of advice to them.

22.  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 partly but not solely for the use of schools.

23.  Expenditure on establishing and maintaining those electronic computer systems, including data storage, which are intended primarily to maintain linkage between the authority and its schools.

24.  Expenditure on monitoring National Curriculum assessment arrangements required by orders made under section 87 of the 2002 Act.

25.  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.

26.  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 except to the extent that these are chargeable to schools' budget shares.

27.  Expenditure in respect of a teacher’s emoluments under section 19(9) of the Teaching and Higher Education Act 1998.

28.  Expenditure in respect of the functions of an appropriate body under regulations pursuant to section 19(2)(g) of the Teaching and Higher Education Act 1998(27).

29.  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.

30.  Expenditure on making pension payments other than in respect of schools.

31.  Any expenditure on insurance other than for liability arising in connection with schools or school premises.

(1)

Parent partnership services are the services provided for under section 332A of the Education Act 1996 to give advice and information to parents of children with special educational needs.

(2)

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. It is prospectively repealed by Part 1 of Schedule 5 to the Children Act 2004 (c. 31). Plans made under section 527A are replaced by children and young people’s plans made under section 17 of the 2004 Act.

(3)

1989 c. 41.

(4)

1999 c. 8.

(5)

Primary Care Trusts were established under section 16A of the National Health Service Act 1977 (c. 49). Section 16A was inserted by section 2 of the Health Act 1999.

(6)

National Health Service Trusts are created by order made under section 5 of the National Health Service and Community Care Act 1990 (c. 19).

(7)

NHS foundation trusts are established under the Health and Social Care (Community Health and Standards) Act 2002 (c. 43).

(8)

Local Health Boards are established by order made by the National Assembly for Wales under section 16BA of the National Health Service Act 1977 (c. 49) as inserted by section 6(1) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).

(9)

Sections 6 and 7 of the 1998 Act are prospectively repealed by Part 1 of Schedule 5 to the Children Act 2004 (c. 31). Plans made under these sections are replaced by children and young people’s plans under section 17 of the 2004 Act.

(10)

Section 16A was inserted by section 57 of the 2002 Act.

(11)

Sections 509AA, 509AB and 509AC were inserted by section 199 of and Schedule 19 to the 2002 Act.

(12)

Section 518 was substituted by section 129 of the 1998 Act.

(13)

The functions of the Education Welfare Service and their role in reducing the levels of unauthorised absences from school are set out in DFEE Circular 11/99.

(14)

1962 c. 12.

(15)

1998 c. 30.

(16)

Section 518 was substituted by section 129 of the 1998 Act.

(17)

Section 15A was inserted by section 140(1) of and paragraph 63 of Schedule 30 to the 1998 Act, and section 15B by section 149 of and paragraphs 1 and 55 of Schedule 9 to the 2000 Act.

(18)

1999 c. 27.

(19)

1972 c. 70.

(20)

The regulations currently in force under this provision are The Consistent Financial Reporting (England) (Amendment) Regulations 2004, S.I. 2004/393.

(21)

1974 c. 37.

(22)

Sections 120 and 121 were amended by section 150 of the 2002 Act, and are prospectively repealed by Part 1 of Schedule 5 to the Children Act 2004 (c. 31). Early years and childcare development plans are replaced by children and young people’s plans under section 17 of the 2004 Act.

(23)

Section 119 was amended by section 150 of the 2002 Act.

(24)

S.I. 2001/3458.

(25)

The regulations currently in force under this provision are the General Teaching Council for England (Deduction of Fees) Regulations 2001 (S.I. 2001/3993), as amended by S.I. 2003/985.

(26)

1995 c. 50.

(27)

The regulations currently in force under this provision are the Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001 (S.I. 2001/2897), as amended by S.I. 2001/3938, S.I. 2002/2063, S.I. 2003/106 and S.I. 2003/2148.