The Financing of Maintained Schools Regulations 1999

Pupil numbers

11.—(1) In determining budget shares for primary and secondary schools, a local education authority shall take into account in their formula the number of registered pupils (other than pupils in places which the authority recognise as reserved for children with special educational needs or for children in nursery classes) at those schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (7).

(2) Paragraphs (3) and (4) shall not apply in relation to pupils in nursery or reception classes whom the authority take into account under paragraph (1) (pupils in nursery classes not occupying places which the authority recognise as reserved for such pupils or pupils in reception classes).

(3) Where the authority determine only one date for the purposes of paragraph (1) that must be a date which falls—

(a) before 1st April in the financial year in question; and

(b) in the school year in which 1st April in the financial year in question falls.

(4) Where the authority determine more than one date for the purposes of paragraph (1) then—

(a) one of those dates must satisfy paragraph (3);

(b) of the other date or dates—

(i) no date may be earlier than the beginning of the school year in which 1st April in the financial year in question falls;

(ii) the authority may determine a date or dates which are in the future and estimate the number of registered pupils at the school on that date.

(5) An authority may in determining budget shares for special schools, or for primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes, take into account in their formula the number of registered pupils at those special schools or the number of pupils in those reserved places at primary or secondary schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (7).

(6) If the authority estimate the number of registered pupils at a school they must consult the head teacher of the school.

(7) A local education authority may weight pupil numbers according to any or all of the following factors—

(a) age, including weighting according to key stage or year group;

(b) whether a pupil is provided with nursery education by a school;

(c) the subject or course of study in the case of pupils in a sixth form;

(d) special educational needs; and

(e) whether a pupil is being educated through the medium of Welsh.

(8) A local education authority may adjust the number of registered pupils used to determine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil following his permanent exclusion from another school maintained by a local education authority.