The School and Early Years Finance (England) Regulations 2018

CHAPTER 2Further Deductions and Variations to Limits Authorised by Schools Forums or the Secretary of State

Applications to the schools forum and the Secretary of State

12.—(1) On the application of a local authority, its schools forum may authorise—

(a)the criteria for determining expenditure referred to in paragraphs 4 to 6 of Schedule 2, under regulation 8(4);

(b)the making of deductions from the authority’s schools budget of expenditure under regulation 8(5);

(c)the funding of any deficit from the schools budget under regulation 8(6) or (10); or

(d)the redetermination of schools’ budget shares by removal of any of the expenditure referred to in Part 6 (Items That May Be Removed From Maintained Schools’ Budget Shares) of Schedule 2 from schools’ budget shares where it is instead to be treated by the authority as if it were part of central expenditure, under regulation 11(5); and

(e)the redetermination of schools’ budget shares by removal of any of the expenditure referred to in Part 7 (Items That May Be Removed From Maintained Schools’ Budget Shares - Primary, Secondary, and Special Schools, and Pupil Referral Units) of Schedule 2 from schools’ budget shares where it is instead to be treated by the authority as if it were part of central expenditure, under regulation 11(6).

(2) Where—

(a)a schools forum does not authorise any of the matters referred to in paragraph (1); or

(b)a local authority is not required to establish a schools forum for its area,

the authority may apply to the Secretary of State for such authorisation.

(3) On the application of a local authority under paragraph (2), the Secretary of State may authorise the matters referred to in paragraph (1).