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The School Funding (Wales) Regulations 2010

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1 — Introduction

    1. 1.Title, commencement and application

    2. 2.Revocation

    3. 3.Interpretation

  3. PART 2 — LEA Budget, Schools Budget, Individual Schools Budget

    1. 4.LEA Budget

    2. 5.Initial determination of schools budget

    3. 6.Schools budget

    4. 7.Individual schools budget

  4. PART 3 — Schools' budget shares

    1. 8.Allocation of individual schools budget

    2. 9.Timing and notification of initial determination of schools' budget shares

    3. 10.Formula for determination of budget shares

    4. 11.Consultation

    5. 12.New Schools

    6. 13.Pupil numbers

    7. 14.Pupil Numbers: Dual Registration

    8. 15.Places

    9. 16.Schools of a particular description

    10. 17.Differential funding

    11. 18.Additional factors or criteria

    12. 19.Funding for pupils over compulsory school age

    13. 20.School re-organisation

    14. 21.Budget share adjustments

    15. 22.Pupils excluded or admitted following an exclusion

    16. 23.Percentage of “pupil-led” funding

    17. 24.Correction of errors

    18. 25.Additional arrangements approved by the Welsh Ministers

  5. PART 4 — Financial Schemes

    1. 26.Required content of schemes

    2. 27.Manner of publication

    3. 28.Approval by the schools forum or the Welsh Ministers of proposals to revise schemes

  6. Signature

    1. SCHEDULE 1

      Classes or Descriptions of Planned Expenditure Prescribed for the Purposes of the LEA Budget of a Local Authority

      1. Expenditure of a class or description referred to in this Schedule includes expenditure on associated administrative costs and overheads

        1. 1.Additional learning needs

        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 incurred in relation to the preparation of any part...

        7. 7.Health and child protection

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

        9. 9.Expenditure in providing special medical support for individual pupils in...

        10. 10.School improvement

        11. 11.Access to education

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

        13. 13.Expenditure on the provision of support for students under section...

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

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

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

        17. 17.Education, training and services for young persons and adults

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

        19. 19.Expenditure in relation to the local authority’s functions in connection...

        20. 20.Strategic management

        21. 21.Expenditure in connection with monitoring the performance of schools, monitoring...

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

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

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

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

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

        31. 31.Any expenditure on insurance other than for liability arising in...

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

    2. SCHEDULE 2

      Classes or Descriptions of Planned Expenditure which may be Deducted from the Schools Budget of a Local Authority

      1. Expenditure of a class or description referred to in this Schedule includes expenditure on associated administrative costs and overheads

        1. 1.Expenditure to support grants

        2. 2.Additional learning needs

        3. 3.Where a pupil falls within paragraph 2(a) or (b) and...

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

        5. 5.Expenditure in respect of specialist support provided to assist the...

        6. 6.Expenditure (being expenditure that it would be inappropriate to expect...

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

        8. 8.Expenditure (other than expenditure incurred under Schedule 1 or any...

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

        10. 10.Expenditure on payments to another local authority pursuant to section...

        11. 11.Staff

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

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

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

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

        16. 16.Other expenditure

        17. 17.Expenditure on supporting travelling theatres so far as such expenditure...

        18. 18.Expenditure in connection with the provision of Welsh language teaching...

        19. 19.Expenditure on the provision to schools of premises and facilities...

        20. 20.Expenditure pursuant to section 512, 512ZA, 512ZB or 513 of...

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

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

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

        24. 24.Expenditure in connection with the provision of nursery education except...

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

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

        27. 27.Expenditure incurred in responding to a report of an inspection...

        28. 28.Expenditure on library services and museum services for schools.

        29. 29.Expenditure without which the education of pupils at a school...

        30. 30.Expenditure on increases to a school’s budget share to which...

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

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

        33. 33.Expenditure incurred pursuant to section 22 of the Education Act...

        34. 34.Expenditure incurred in relation to the training of clerks to...

    3. SCHEDULE 3

      Additional Factors or Criteria which may be Taken into Account in a Local Authority’s Formula under Regulation 18

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

      2. 2.Pupils for whom English or Welsh is not their first...

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

      4. 4.The extent to which the authority meet the cost of...

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

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

      7. 7.Facilities, for the education of pupils, found at some schools...

      8. 8.Rates payable in respect of the premises of each school...

      9. 9.Charges for water and sewerage (including actual or estimated cost)....

      10. 10.Use of energy by schools.

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

      12. 12.Cleaning of school premises.

      13. 13.Transport to and from activities outside the school premises which...

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

      15. 15.In cases where an amount in respect of insurance is...

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

      17. 17.Amounts payable to a school which is, as the result...

      18. 18.Whether the school is to be discontinued in the funding...

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

      20. 20.Salaries at a school (including actual or estimated cost): the...

      21. 21.Safeguarding of salaries in accordance with orders made from time...

      22. 22.Social priority allowances in accordance with a School Teachers' Pay...

      23. 23.The need for single payments to be allocated to primary,...

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

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

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

      27. 27.Payroll administration costs: the funding must be based on the...

      28. 28.Any other factors or criteria not otherwise falling within this...

      29. 29.Effect of taxation on schools.

      30. 30.Incidence of pupils from ethnic minorities having below average levels...

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

      32. 32.Incidence of Newly Qualified Teachers.

      33. 33.Housing development or armed forces' movements leading to an increase...

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

      35. 35.Infant class sizes limited by Regulations made under section 1...

      36. 36.Junior class sizes limited to a maximum of 30 pupils:...

    4. SCHEDULE 4

      Content of Financial Schemes

      1. The matters referred to in regulation 26, being matters connected with the financing of schools maintained by a local authority, required to be dealt with in the local authority’s scheme are as follows:

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

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

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

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

        5. 5.Terms on which services and facilities are provided by the...

        6. 6.The payment of interest by or to the authority.

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

        8. 8.The virement between budget heads within the delegated budget.

        9. 9.Circumstances in which the authority may delegate to the governing...

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

        11. 11.Borrowing by governing bodies.

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

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

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

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

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

        17. 17.The maintenance of inventories of assets.

        18. 18.Plans of a governing body’s expenditure.

        19. 19.A statement as to the use that a governing body...

        20. 20.A provision under which– (a) the authority may direct the...

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

        22. 22.Insurance.

        23. 23.The use of delegated budgets by governing bodies so as...

        24. 24.The provision of legal advice to the governing body.

        25. 25.Funding for child protection issues.

        26. 26.School meals.

        27. 27.To whom in the authority complaints should be made by...

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

        29. 29.Provision by governing bodies of returns and information for teacher...

  7. Explanatory Note

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