The School and Early Years Finance (England) (No. 2) Regulations 2018

PART 1Introduction

1Citation, commencement, application and interpretation

PART 2Action to be Taken by a Local Authority

CHAPTER 1Determination of the Non-Schools Education Budget, Schools Budget, Individual Schools Budget, and Budget Shares

4The non-schools education budget

5Initial determination of a local authority’s schools budget

6The schools budget

8Determination of the individual schools budget for the funding period and limit on increase in central expenditure

10Formulae for determination of budget shares etc for certain maintained schools and early years providers

11Determination of allocation of budget shares etc for the funding period

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

12Applications to the schools forum and the Secretary of State

PART 3Determination of Budget Shares etc

CHAPTER 1Requirements, and Factors and Criteria Taken into Account

13Pupil numbers

15Social deprivation

16Special arrangements for pupils in maintained nursery schools and nursery classes and for children receiving relevant early years provision and community early years provision

17Early years pupil premium

18Disability access fund

19Differential funding

20Additional requirements, factors or criteria

21Schools minimum funding guarantee

22Early years 95 per cent requirement

2310 per cent early years discretionary funding cap

24Sixth form funding

25New schools, merged schools and closing schools

26Federated schools

CHAPTER 2Adjustments, Correction of Errors, and Alternative Arrangements Authorised by the Secretary of State

27Pupils permanently excluded from, or leaving, maintained schools

28Correction of errors and changes in non-domestic rates

29Alternative arrangements approved by the Secretary of State

30Required content of schemes

31Approval by the schools forum or the Secretary of State of proposals to revise schemes

32Publication of schemes

SCHEDULE 1CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE NON-SCHOOLS EDUCATION BUDGET OF A LOCAL AUTHORITY

1Special educational provision

2Expenditure in connection with the local authority’s functions under—

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

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

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

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

7Expenditure incurred in entering into, or subsequently incurred under, an...

8Schools causing concern

9Access to education

10Expenditure in relation to the authority’s functions under sections 508A...

11Expenditure on the provision of support for students under regulations...

12Expenditure on discretionary grants paid under section 1(6) or 2...

13Expenditure on the payment of 16-19 Bursaries.

14Additional education and training for children, young persons and adults

15Expenditure on the provision by the local authority under sections...

16Other functions

17Expenditure on making pension payments, other than in respect of...

18Expenditure on insurance, other than for liability arising in connection...

SCHEDULE 2CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE SCHOOLS BUDGET OF A LOCAL AUTHORITY WHICH MAY BE DEDUCTED FROM IT TO DETERMINE THE INDIVIDUAL SCHOOLS BUDGET

PART 1Historic commitments

1CERA incurred for purposes not falling within any other paragraph...

2Expenditure in respect of— (a) prudential borrowing;

3Any deductions under any of paragraphs 1 and 2(a), 2(b),...

PART 2Central Schools Expenditure

4Expenditure due to a significant growth in pupil numbers as...

5Expenditure to be incurred due to a decline in pupil...

6Expenditure to be incurred before the opening of new schools...

7Expenditure to make provision for extra classes in order to...

8Expenditure on licences which are negotiated centrally by the Secretary...

9Expenditure on the operation of the system of admissions of...

10Expenditure under section 18 of the 1996 Act in making...

11Remission of boarding fees payable in connection with the attendance...

12Expenditure in connection with the authority’s functions under section 47A...

13Expenditure on pay arrears due to staff employed at maintained...

PART 3Other Central Education Expenditure

14Asset management

15Strategic management

16Other functions

17Expenditure in connection with the authority’s functions in relation to...

18Expenditure in connection with powers and duties performed under Part...

19Expenditure in relation to consultation and functions preparatory to consultation...

20Expenditure on the authority’s functions in relation to the exclusion...

21Expenditure in relation to provision of information to or at...

22Expenditure on education functions related to revenue budget preparation, preparation...

23Expenditure in connection with the authority’s duty under regulation 9A...

PART 4Central Early Years Expenditure

24Expenditure on early years provision, excluding expenditure—

25Expenditure on determining— (a) the eligibility for free school meals...

26Expenditure on an early years contingency fund, for subsequent distribution...

PART 5Children And Young People With High Needs

27Expenditure in respect of pupils with special educational needs in...

28Expenditure in respect of pupils— (a) with special educational needs...

29Expenditure in respect of persons provided with further education who...

30Expenditure on support services for children who have attained compulsory...

31Expenditure on services for children who have not attained compulsory...

32Expenditure for the purposes of encouraging— (a) collaboration between special...

33Expenditure incurred in relation to education otherwise than at school...

34Expenditure on the payment of fees in respect of children...

35Expenditure on hospital education services, aside from expenditure on hospital...

36Expenditure on special schools and pupil referral units in financial...

37Expenditure on costs in connection with private finance initiatives and...

38Expenditure on the purchase of CRC Energy Efficiency Scheme allowances...

39Expenditure on the provision of special medical support for individual...

PART 6Items That May Be Removed From Maintained Schools’ Budget Shares – Primary and Secondary Schools

40Expenditure (other than expenditure referred to in Schedule 1 or...

41Expenditure on determining the eligibility of a pupil for free...

42Expenditure on making payments to, or in providing a temporary...

43Expenditure on making payments to, or in providing a temporary...

44Expenditure on making payments to, or in providing a temporary...

45Expenditure on making payments to, or in providing a temporary...

46Expenditure on insurance in respect of liability arising in connection...

47Expenditure on services to schools provided by museums and galleries....

48Expenditure on library services.

49Expenditure on licence fees or subscriptions paid on behalf of...

50Expenditure on the schools’ specific contingency.

51Expenditure for the purposes of— (a) improving the performance of...

52Expenditure incurred for the purposes of supporting the improvement of...

PART 7Items That May Be Removed From Maintained Schools’ Budget Shares – Primary, Secondary and Special Schools, and Pupil Referral Units

53Expenditure in relation to the authority’s functions under section 510...

54Expenditure on the provision of tuition in music, or on...

55Expenditure incurred in enabling pupils to enhance their experience of...

56Expenditure on outdoor education centres, but not including centres wholly...

57Expenditure in relation to functions of the authority under Part...

58Expenditure in relation to authorisation and monitoring of expenditure in...

59Expenditure in relation to the authority’s monitoring of compliance with...

60Expenditure in relation to internal audit and other tasks necessary...

61Expenditure in relation to the authority’s functions under regulations made...

62Expenditure in relation to investigations which the authority carries out...

63Expenditure in relation to functions of the authority in relation...

64Expenditure in relation to advice, in accordance with the authority’s...

65Expenditure in relation to determination of conditions of service for...

66Expenditure in relation to the authority’s functions regarding the appointment...

67Expenditure in relation to consultation and functions preparatory to consultation...

68Expenditure in relation to compliance with the authority’s duties under...

69Expenditure in relation to provision of information to or at...

70Expenditure in relation to the authority’s functions pursuant to regulations...

71Expenditure in relation to the authority’s functions under the discrimination...

72Expenditure on establishing and maintaining those electronic computer systems, including...

73Expenditure on the appointment of governors, the making of instruments...

74Expenditure on education functions related to revenue budget preparation, preparation...

75Expenditure on monitoring National Curriculum assessment arrangements required by orders...

76Expenditure on retrospective membership of pension schemes and retrospective elections...

77Expenditure on landlord responsibilities in relation to maintained schools, and...

78Expenditure in respect of the dismissal or premature retirement of,...

79Expenditure on inspecting attendance registers under the Education (Pupil Registration)...

SCHEDULE 3ADDITIONAL REQUIREMENTS, OR FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT, IN A LOCAL AUTHORITY’S FORMULA UNDER REGULATION 20

PART 1Applicable only to budget shares for maintained schools

1A single sum for primary schools— (a) other than middle...

2A single sum for secondary schools— (a) other than middle...

3In respect of pupils at key stages 1 and 2,...

4In respect of pupils at key stages 3 and 4,...

5A single per pupil amount for each pupil, based on...

6A single per pupil amount for each pupil, based on...

7(1) Where the total number of pupils to whom sub-paragraph...

8Where the total number of pupils at key stages 3...

9A single per pupil amount, based on the number of...

10Funding for schools with split sites, where the funding must...

11Non-domestic rates payable in respect of the premises of each...

12Payments in relation to a private finance initiative (including actual...

13Differential costs at schools in the county councils of Buckinghamshire,...

14(1) In respect of all primary schools to which sub-paragraph...

15(1) Where sub-paragraph (2) applies in respect of secondary schools,...

16(1) Where a school’s per pupil amount is less than...

17(1) Where A / B is less than 1.01 x...

PART 2Applicable only to budget shares for, and amounts to be allocated to, providers of funded early years provision

18The rurality or sparsity of the population of the area....

19Pupils and children whose first language is not English.

20The qualifications of staff.

21The estimated cost of sharing expertise with other early years...

22The degree to which providers offer flexible provision to parents....

SCHEDULE 4MINIMUM FUNDING GUARANTEE

1(1) In this Schedule— (a) references to the number of...

2Where (A/B) is less than (C/D) then the guaranteed funding...

3Where a new school opens during the funding period and...

4In calculating the guaranteed level of funding under paragraph 3...

5In calculating the redetermined adjusted budget share for the previous...

6In calculating the redetermined adjusted budget share for the previous...

SCHEDULE 5CONTENTS OF SCHEMES

1The carrying forward from one funding period to another of...

2Amounts which may be charged against schools’ budget shares.

3Amounts received by schools which may be retained by their...

4The imposition, by or under the scheme, of conditions which...

5Terms on which the authority provides services and facilities for...

6The payment of interest by or to the authority.

7The times at which amounts equal in total to the...

8The virement between budget heads within the delegated budget.

9Circumstances in which a local authority may delegate to the...

10The use of delegated budgets and of sums made available...

11Borrowing by governing bodies.

12The banking arrangements that may be made by governing bodies....

13A statement as to the personal liability of governors in...

14A statement as to the allowances payable to governors of...

15The keeping of a register of any business interests of...

16The provision of information by and to the governing body....

17The maintenance of inventories of assets.

18Plans of a governing body’s expenditure.

19A statement as to the taxation of sums paid or...

21The use of delegated budgets by governing bodies to satisfy...

22The provision of legal advice to a governing body.

23Funding for child protection issues.

24How complaints by persons working at a school or by...

25Expenditure incurred by a governing body in the exercise of...

2018 No. 1185

Education, England

The School and Early Years Finance (England) (No. 2) Regulations 2018

Made14th November 2018

Laid before Parliament15th November 2018

Coming into force7th December 2018

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 45A1, 45AA2, 473, 47ZA4, 47A (4B) and (5)5, 48(1) and (2)6, 49(2) and (2A)7, 138(7) of, and paragraph 2B8 of Schedule 14 to, the School Standards and Framework Act 19989 and section 24(3) of the Education Act 200210.