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The School Finance (England) Regulations 2008

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  1. Introductory Text

  2. PART 1

    1. 1.Citation, commencement, application and interpretation

    2. 2.Revocation of previous Regulations

  3. PART 2

    1. CHAPTER 1 LEA

      1. 3.The LEA Budget

    2. CHAPTER 2

      1. 4.Initial determination of a local education authority’s schools budgets

      2. 5.The schools budget

      3. 6.Exceptions

      4. 7.Determination of the individual schools budget for funding periods 1, 2 and 3 and limit on increase in central expenditure

      5. 8.Consultation

      6. 9.Formulae for determination of budget shares

      7. 10.Initial determination of allocation of schools’ budget shares for funding periods 1, 2 and 3

      8. 11.Delegated budgets for new schools

    3. CHAPTER 3

      1. 12.Redetermination of schools budgets and individual schools budgets

      2. 13.Redetermination of allocation of budget shares for funding periods 2 and 3

    4. CHAPTER 4

      1. 14.Applications to the schools forum and the Secretary of State

  4. PART 3

    1. CHAPTER 1

      1. 15.Pupil numbers

      2. 16.Places

      3. 17.Special arrangements for pupils in maintained nursery schools and nursery classes

      4. 18.Differential funding

      5. 19.Additional factors or criteria

      6. 20.Minimum funding guarantee

      7. 21.Sixth form funding

      8. 22.New, reorganised and closing schools

    2. CHAPTER 2

      1. 23.Pupils permanently excluded from, or leaving, primary or secondary schools

      2. 24.Correction of errors and changes in non-domestic rates

      3. 25.Additional arrangements approved by the schools forum or the Secretary of State

  5. PART 4

    1. 26.Required content of schemes

    2. 27.Approval by the schools forum or the Secretary of State of proposals to revise schemes

    3. 28.Publication of schemes

  6. Signature

    1. SCHEDULE 1

      CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE LEA BUDGET OF A LOCAL EDUCATION AUTHORITY

      1. 1.Special educational provision

      2. 2.Expenditure in connection with the authority’s functions under sections 321...

      3. 3.Expenditure on monitoring the provision for pupils in schools (whether...

      4. 4.Expenditure on collaboration with other statutory and voluntary bodies to...

      5. 5.Expenditure in connection with— (a) the provision of parent partnership...

      6. 6.Expenditure on carrying out the authority’s child protection functions under...

      7. 7.Expenditure incurred in entering into, or subsequently incurred pursuant to,...

      8. 8.Expenditure in providing special medical support for individual pupils insofar...

      9. 9.School improvement

      10. 10.Access to education

      11. 11.Expenditure on the Education Welfare Service and other expenditure arising...

      12. 12.Expenditure on the provision of support for students under regulations...

      13. 13.Expenditure on discretionary grants under section 1(6) or 2 of...

      14. 14.Expenditure on the payment to persons over compulsory school age...

      15. 15.Expenditure on the provision of tuition in music, or on...

      16. 16.Expenditure incurred in enabling pupils to enhance their experience of...

      17. 17.Expenditure on outdoor education centres, but not including centres wholly...

      18. 18.Further education and training for young persons and adults

      19. 19.Expenditure on the provision by the local education authority under...

      20. 20.Strategic management

      21. 21.Expenditure in pursuance of a binding agreement, where the other...

      22. 22.Expenditure on establishing and maintaining those electronic computer systems, including...

      23. 23.Expenditure on monitoring National Curriculum assessment arrangements required by orders...

      24. 24.Expenditure in connection with the authority’s functions in relation to...

      25. 25.Expenditure in respect of the dismissal or premature retirement of,...

      26. 26.Expenditure in respect of a teacher’s emoluments under section 19(9)...

      27. 27.Expenditure in respect of the functions of an appropriate body...

      28. 28.Expenditure on the appointment of governors, the making of instruments...

      29. 29.Expenditure on making pension payments, other than in respect of...

      30. 30.Expenditure on insurance, other than for liability arising in connection...

      31. 31.Expenditure in connection with powers and duties performed under Part...

    2. SCHEDULE 2

      CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE SCHOOLS BUDGET OF A LOCAL EDUCATION AUTHORITY WHICH MAY BE DEDUCTED FROM IT TO DETERMINE THE INDIVIDUAL SCHOOLS BUDGET

      1. 1.Expenditure to support grants which fall within the definition of the schools budget

      2. 2.Performance Reward Grant

      3. 3.Threshold and Performance Pay

      4. 4.Special educational provision

      5. 5.Where a pupil falls within paragraph 4(a) or (b), and...

      6. 6.Expenditure in making the provision specified in a pupil’s statement...

      7. 7.Expenditure in respect of pupils with statements of special educational...

      8. 8.Expenditure for purposes connected with the encouragement of—

      9. 9.Expenditure in relation to education otherwise than at school under...

      10. 10.Expenditure (other than expenditure referred to in Schedule 1 or...

      11. 11.Expenditure on the payment of fees in respect of pupils...

      12. 12.Expenditure on payments to another local education authority pursuant to...

      13. 13.Access to education

      14. 14.Expenditure incurred in connection with the authority’s functions under section...

      15. 15.Expenditure on milk and meals pursuant to section 512, 512ZA,...

      16. 16.Expenditure on the repair and maintenance of a school kitchen...

      17. 17.Expenditure on determining the eligibility of a pupil for free...

      18. 18.Expenditure pursuant to section 18 of the 1996 Act in...

      19. 19.Staff

      20. 20.Expenditure in making payments to, or in providing a temporary...

      21. 21.Expenditure on Advanced Skills Teachers undertaking outreach work in schools...

      22. 22.Expenditure in making payments to, or in providing a temporary...

      23. 23.Expenditure in making payments to, or in providing a temporary...

      24. 24.Expenditure, not falling within Schedule 1, in relation to the...

      25. 25.Expenditure on pay arrears due to staff employed at maintained...

      26. 26.Other Expenditure

      27. 27.Expenditure on insurance in respect of liability arising in connection...

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

      29. 29.Expenditure on library services for primary and special schools, except...

      30. 30.Expenditure on licence fees or subscriptions paid on behalf of...

      31. 31.Expenditure incurred in connection with the authority’s functions under section...

      32. 32.Expenditure on allocations to the governing body of a school...

      33. 33.Expenditure for purposes not falling within any other paragraph of...

      34. 34.CERA incurred for purposes not falling within any other paragraph...

      35. 35.Expenditure on practical and applied learning not met from maintained...

      36. 36.Expenditure on— (a) prudential borrowing; (b) termination of employment costs;...

    3. SCHEDULE 3

      ADDITIONAL FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT IN A LOCAL EDUCATION AUTHORITY’S FORMULA UNDER REGULATION 19

      1. 1.Special educational needs of pupils determined in a manner that...

      2. 2.Pupils for whom English is not their first language.

      3. 3.Turnover of pupils other than as part of the general...

      4. 4.Admission arrangements at a school.

      5. 5.The size, condition and characteristics of a school’s buildings and...

      6. 6.A school which has a split site: the funding must...

      7. 7.Such physical facilities, organisational facilities for the education of pupils,...

      8. 8.Non-domestic rates payable in respect of the premises of each...

      9. 9.Use of energy by schools.

      10. 10.Rent payable in respect of school premises or payments in...

      11. 11.Transport to and from activities outside school premises which form...

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

      13. 13.Insurance: the funding must be equal to the amount which...

      14. 14.Payments in relation to a private finance transaction (including actual...

      15. 15.Where a school has been established or has become the...

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

      17. 17.School milk, meals and other refreshment: the authority may not,...

      18. 18.Salaries at a school, the funding of which must be...

      19. 19.Safeguarding of salaries in accordance with a School Teachers’ Pay...

      20. 20.Social priority allowances paid in accordance with a School Teachers’...

      21. 21.The differential in recruitment and retention costs in different areas...

      22. 22.The need for single payments to be allocated to nursery,...

      23. 23.The need for payments to be allocated to schools, of...

      24. 24.Schools whose budget shares would otherwise be reduced year-on-year by...

      25. 25.Contracts to which the governing body of a school are...

      26. 26.Effect of taxation on schools.

      27. 27.Housing development or armed forces movements leading to a reduction...

      28. 28.Such items of expenditure in connection with provision for pupils...

      29. 29.Incidence of Newly Qualified Teachers.

      30. 30.Incidence of pupils from ethnic minority groups having below average...

      31. 31.Incidence of nursery classes and places recognised by the authority...

      32. 32.Prior attainment of pupils entering a school.

      33. 33.Advanced Skills Teachers employed at a school.

      34. 34.Permanent exclusions from a school (including estimates), and incidence of...

      35. 35.Infant classes and places in infant classes not funded under...

      36. 36.Incidence of any element of teachers’ salaries relating to threshold...

      37. 37.Payments in respect of gifted and talented pupils.

    4. SCHEDULE 4

      MINIMUM FUNDING GUARANTEE

      1. 1.Primary and Secondary Schools

      2. 2.Subject to paragraphs 3 and 4, the guaranteed funding level...

      3. 3.Except where paragraph 4 applies, where the relevant number of...

      4. 4.Where a school opens: (a) in funding period 1, and...

      5. 5.Special Schools

    5. SCHEDULE 5

      CONTENTS OF SCHEMES

  7. Explanatory Note

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