Part IIE+W New framework for maintained schools

Chapter IVE+W Financing of maintained schools

Modifications etc. (not altering text)

Budgetary frameworkE+W

[F145ADetermination of specified budgets of [F2local authority] E+W

(1)For the purposes of this Part, a [F2local authority]’s “[F3non-schools education budget]” for a [F4relevant period] is the amount appropriated by the authority for meeting all [F5education] expenditure by the authority in [F6that period] of a class or description prescribed for the purposes of this subsection.

[F7(1A)In subsection (1) “relevant period” means a financial year or such other period as may be prescribed.]

(2)For the purposes of this Part, a [F2local authority]’s “schools budget” for a [F8funding period] is the amount appropriated by the authority for meeting all [F9education] expenditure by the authority in [F10that period] of a class or description prescribed for the purposes of this subsection (which may include expenditure incurred otherwise than in respect of schools).

[F11(2A)The amount referred to in subsection (2) includes the amount of any grant which is appropriated, for meeting the expenditure mentioned in that subsection, in accordance with a condition which—

(a)is imposed under section 16 of the Education Act 2002 (terms on which assistance under section 14 of that Act is given) or any other enactment, and

(b)requires that the grant be applied as part of the authority's schools budget for the funding period.]

(3)For the purposes of this Part, a [F2local authority]’s “individual schools budget” for a [F12funding period] is the amount remaining after deducting from the authority’s schools budget for [F13that period] such planned [F14education] expenditure by the authority in respect of [F13that period] as they may determine should be so deducted in accordance with regulations.

(4)Regulations under subsection (3) may—

(a)prescribe classes or descriptions of expenditure which are authorised or required to be deducted from an authority’s schools budget;

(b)provide, in relation to any prescribed class or description of expenditure specified in the regulations, that such expenditure may only be deducted subject to either or both of the following, namely—

(i)such limit or limits (however framed) as may be specified by or determined in accordance with the regulations, and

(ii)such other conditions as may be so specified or determined.

[F15(4A)Regulations under subsection (3) may also make provision—

(a)enabling any expenditure falling outside any classes or descriptions of expenditure prescribed by virtue of subsection (4)(a) to be deducted from the authority's schools budget if the deduction of such expenditure is authorised, on the application of the authority, by the authority's schools forum or the Secretary of State, and

(b)enabling any limit or condition that would otherwise apply by virtue of subsection (4)(b)(i) or (ii) to be varied or excluded, on the application of the authority, by the authority's schools forum or the Secretary of State.]

[F16(4B)For the purposes of this Part, the duty imposed on a local authority in England by section 7(1) of the Childcare Act 2006 (duty to secure prescribed early years provision free of charge) is to be treated as [F17an education function of the authority].]

F18(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(7)In this section “education expenditure” means expenditure incurred by a local authority in connection with the performance of their education functions.]]

Textual Amendments

F1S. 45A inserted (1.10.2002 for E., 4.12.2003 for W.) by Education Act 2002 (c. 32), ss. 41(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. para. 1); S.I. 2003/2961, art. 5, Sch. Pt. II

F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F4Words in s. 45A(1) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 3(2)(a) (with s. 119); S.I. 2005/2034, art. 8

F6Words in s. 45A(1) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 3(2)(b) (with s. 119); S.I. 2005/2034, art. 8

F7S. 45A(1A) inserted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 3(3) (with s. 119); S.I. 2005/2034, art. 8

F8Words in s. 45A(2) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 3(4)(a) (with s. 119); S.I. 2005/2034, art. 8

F10Words in s. 45A(2) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 3(4)(b) (with s. 119); S.I. 2005/2034, art. 8

F11S. 45A(2A) inserted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 3(5) (with s. 119); S.I. 2005/2034, art. 8

F12Words in s. 45A(3) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 3(6)(a) (with s. 119); S.I. 2005/2034, art. 8

F13Words in s. 45A(3) substituted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 3(6)(b) (with s. 119); S.I. 2005/2034, art. 8

F15S. 45A(4A) inserted (1.11.2005 for E.) by Education Act 2005 (c. 18), s. 125(4), Sch. 16 para. 3(7) (with s. 119); S.I. 2005/2034, art. 8

Modifications etc. (not altering text)