The Schools Budget Shares (Wales) Regulations 2004

Pupil numbers

8.—(1) In determining budget shares for primary and secondary schools and nursery schools, a local education authority must take into account in their formula the number of registered pupils 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 (8).

(2) For the purposes of paragraph (1), the number of registered pupils does not include—

(a) pupils in respect of whom grant is payable to the authority by the National Council under section 36 of the 2000 Act;

(b) pupils in places which the authority recognise as reserved for children with special educational needs or (except where the local education authority chooses not to exercise their discretion under regulation 10 in respect of children in nursery classes) for children in nursery classes.

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

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

(b) in the school year in which 1 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) as respects the other date or dates —

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

(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 or those dates.

(5) Paragraphs (4) and (5) do not apply in relation to pupils in nursery or reception classes whom the authority take into account under paragraph (1).

(6) 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 —

(a) the number of registered pupils at those special schools; or

(b) 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 (8)).

(7) If the authority estimate the number of registered pupils at a school in accordance with paragraph (4)(b) they must consult the head teacher of the school.

(8) 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) in the case of pupils aged under five, their exact age when admitted to the school;

(d) in the case of pupils aged under five, hours of attendance;

(e) special educational needs;

(f) whether a pupil at a school is also attending an institution within the further education sector; and

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

(9) A local education authority must include provision in their formula enabling them to 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 that pupil’s permanent exclusion from another school maintained by a local education authority.