The Schools Budget Shares (Wales) Regulations 2004

Interpretation

2.—(1) In these Regulations —

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

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

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

“the 2002 Act” (“Deddf 2002”) means the Education Act 2002(3);

“the 1999 Regulations” (“Rheoliadau 1999”) mean the Financing of Maintained Schools Regulations 1999(4);

“the 2003 Regulations” (“Rheoliadau 2003”) mean the LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 2003(5)

“financial year in question” (“blwyddyn ariannol o dan sylw”) means the financial year in respect of which maintained schools' budget shares are being determined;

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

“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“the National Council” (“y Cyngor Cenedlaethol”) means the National Council for Education and Training for Wales(6)

“nursery class” (“dosbarth meithrin”) means a class undergoing full-time or part-time education wholly or mainly suitable for children who have not attained compulsory school age;

“preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year preceding the financial year in question.

(2) In these Regulations a reference (however framed) to a maintained nursery school, a community, foundation or voluntary school or a community or foundation special school includes a new school (within the meaning of section 72(3) of the 1998 Act) which on implementation of proposals for the establishment of the school under any enactment will be such a school and which has a temporary governing body.

(3) In these Regulations a reference to a governing body includes the temporary governing body of a new school falling within paragraph (2).

(4) In these Regulations a reference to a primary or secondary school means a primary or secondary school which is (or will be) a community, foundation or voluntary school.

(5) In these Regulations a reference (however framed) to schools maintained by a local education authority does not include schools which are not maintained schools as defined in paragraph (1).

(6) In these Regulations a reference to the permanent exclusion of a pupil is a reference to the pupil’s permanent exclusion as defined from time to time for the purposes of section 494 of the 1996 Act(7).

(7) Unless the context otherwise requires, words or expressions used in these Regulations set out below in this paragraph have the meanings given to them by the provisions specified —

• budget share (cyfran o'r gyllideb):

• section 47(1) of the 1998 Act;

• delegated budget (cylllideb ddirprwyedig):

• section 49(7) of the 1998 Act;

• financial year (blwyddyn ariannol):

• section 579(1) of the 1996 Act;

• formula (fformwla):

• regulation 7 of these Regulations;

• individual schools budget (cyllideb ysgolion unigol):

• section 45A(3) of the 1998 Act(8);

• key stage (cyfnod allweddol):

• section 103 of the 2002 Act;

• nursery school (ysgol feithrin):

• section 6(1) of the 1996 Act(9);

• nursery education (addysg feithrin):

• section 117 of the 1998 Act;

• school year (blwyddyn ysgol):

• section 579(1) of the 1996 Act(10);

• schools budget (cyllideb ysgolion):

• section 45A(2) of the 1998 Act;

• special educational needs (anghenion addysgol arbennig):

• section 312(1) of the 1996 Act.

(8) Unless the context otherwise requires, a reference in these Regulations to a numbered regulation is a reference to the regulation of these Regulations so numbered and a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

(1)

1996 c. 56.

(2)

2000 c. 21.

(3)

2002 c. 32.

(4)

S.I.1999/101 amended by S.I. 2000/911 (W.40), 2001/495 (W. 22), 2002/136(W.19) and 2003/538 (W.75).

(5)

S.I.2003/3118(W.296).

(6)

The National Council was established by section 30 of the 2000 Act.

(7)

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

(8)

Section 45A was inserted by section 41(1) of the 2002 Act (S.I. 2003/2961 (W.278)).

(9)

Section 6(1) is amended by section 156(1) of the 2002 Act.

(10)

Inserted by the Education Act 1997 (c. 44), Schedule 7, paragraph 43.