The Financing of Maintained Schools (England) Regulations 2002

Sixth form funding

17.—(1) Subject to paragraph 3, a secondary school’s budget share for the financial year beginning on 1st April 2002 shall include an amount equal to any sum notified to the local education authority by the LSC as being the allocation in respect of that school’s sixth form contained within grant payable to the local education authority under section 7 of the Learning and Skills Act 2000.

(2) A local education authority may, in determining budget shares, use a factor which allocates funding in respect of sixth forms.

(3) A local education authority may, in determining budget shares for schools with sixth forms, use factors or criteria which have the effect of reducing the amounts to be allocated under paragraph (1) in one or both of the following ways:

(a) by deducting a sum representing that element which duplicates amounts payable to the school (using factors other than those permitted or required by regulation 11) under the formula used by the authority to determine schools' budget shares;

(b) by reducing the amount referred to in paragraph (1) by an amount not exceeding two-thirds of the difference between that amount and the Real Terms Guarantee amount for the school as notified by the LSC, where the latter amount is lower than the former amount.

(4) In this regulation, “Real Terms Guarantee amount” means the amount notified to the local education authority by the LSC as being the finalised real terms guarantee level for the financial year beginning on 1st April 2002 for the school concerned.