The Education (Budget Statements) (England) Regulations 2003

Statutory Instruments

2003 No. 475

EDUCATION, ENGLAND

The Education (Budget Statements) (England) Regulations 2003

Made

3rd March 2003

Laid before Parliament

4th March 2003

Coming into force

1st April 2003

In exercise of the powers conferred upon the Secretary of State by sections 52(1), (3) and (4) and 138(7) of the School Standards and Framework Act 1998(1), the Secretary of State for Education and Skills hereby makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Budget Statements) (England) Regulations 2003 and shall come into force on 1st April 2003.

(2) These Regulations shall apply only in relation to England and only in relation to budget statements prepared for the financial year beginning on 1st April 2003.

Interpretation

2.—(1) In these Regulations—

“the 1996 Act” means the Education Act 1996(2);

“the 1998 Act” means the School Standards and Framework Act 1998;

“the 2000 Act” means the Learning and Skills Act 2000(3);

“the 2002 Act” means the Education Act 2002(4);

“the 2003 Regulations” means the Financing of Maintained Schools (England) Regulations 2003(5);

“allocation formula” means the LEA’s formula under regulation 7 of the 2003 Regulations used to determine schools' budget shares;

“AWPU” means age-weighted pupil unit;

“budget statement” means the statement referred to in section 52(1) of the 1998 Act;

“CERA” means capital expenditure which an LEA expect to charge to a revenue account of the LEA as defined in section 41(2) of the Local Government and Housing Act 1989(6);

“Class Size funding” means grant paid in accordance with section 3 of the 1998 Act;

“EDP” means the LEA’s educational development plan prepared under sections 6 and 7 of the 1996 Act;

“EFSS” means Education Formula Spending Share as defined in the Local Government Finance Report (England) 2003–04(7);

“EiC” means a Department for Education and Skills' programme known as Excellence in Cities under which partnership agreements are made between an LEA, the Secretary of State and one or more of the LEA’s schools;

“ex-GM school” means a former grant-maintained school;

“factor” means one of the factors or criteria taken into account in the allocation formula;

“FE” means further education;

“FTE” means full time equivalent;

“ghost-funding” means funding in accordance with regulation 12(3) of the 2003 Regulations;

“HE” means higher education;

“ISB” means the individual schools budget;

“KS” means a key stage as defined in section 82 of the 2002 Act;

“LEA” means a local education authority;

“LSC” means the Learning and Skills Council(8);

“maintained school” means a community, foundation or voluntary school or a community or foundation special school;

“pupil-led funding” has the same meaning as in Part II of the 2003 Regulations;

“relevant” in relation to “age”, “age group” and “year group” means an age, age group or year group separately treated in the allocation formula for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils;

“relevant financial year” means the financial year to which the budget statement relates;

“SB” means schools budget;

“school” means a maintained school;

“School Standards Grant” means the grant known as School Standards Grant paid in accordance with section 88B of the Local Government Finance Act 1988, which in the case of primary, secondary and special schools is paid on condition that it is appropriated to the individual schools budget;

“SEN” means special educational needs;

“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act;

“Standards Fund” means grant paid under the Standards Fund under section 14 of the 2002 Act together with the LEA’s expenditure not offset by that grant but taken into account in determining the amount of that grant;

“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act; and

“youth service” means services provided by the LEA under sections 15B and 508 of the 1996 Act and section 114 of the 2000 Act.

(2) In these Regulations—

(a) references to primary or secondary schools do not include special schools;

(b) references to the number or numbers of registered pupils at one or more schools are references to the number or numbers of such pupils required under the allocation formula to be used for the initial determination of that school’s budget share or those schools' budget shares for the year but ignoring any weighting in accordance with paragraph (5) of Regulation 8 of the 2003 Regulations or any adjustment under paragraph (6) of that Regulation; and

(c) a reference to a particular class or description of expenditure in relation to maintained schools and to pupils registered at such schools shall include any such expenditure of that class or description as the LEA may incur in relation to Academies(9) and to pupils registered at Academies.

Prescribed form of, and information to be contained in, budget statements

3.  —A budget statement shall be prepared in four parts, and shall contain the information prescribed for the purposes of section 52(1) of the 1998 Act, as follows—

(a) Part 1 shall be in the form prescribed in Schedule 1 and shall contain information in respect of both the relevant financial year and also the previous financial year regarding the level of funding available to the LEA for expenditure on schools according to the source of funding and as a percentage of national funding;

(b) Part 2 shall be in the forms prescribed in Schedule 2 and shall contain respectively information in respect of the LEA as a whole relating to the LEA’s planned expenditure for both the LEA budget and the schools budget in respect of the relevant financial year, and also information on planned expenditure in respect of the relevant financial year in relation to the LEA’s youth service;

(c) Part 3 shall be in the forms prescribed in Schedule 3 and shall contain for the relevant financial year the budget share and the amount allocated in respect of each pupil and each place in each school; the calculation of the budget share in relation to each of the LEA’s schools; and information concerning the LEA’s planned expenditure in respect of ex-GM schools; and

(d) Part 4 shall be in the form prescribed in Schedule 4 and shall contain information relating to the LEA’s allocation formula.

Prescribed manner and time of publication of budget statements

4.  —For the purposes of section 52(3)(b) of the 1998 Act, every budget statement shall be published by—

(a) supplying copies to the Secretary of State for Education and Skills; and

(b) making a copy available for reference by parents and other persons at all reasonable times and without charge at each education office of the LEA.

5.—(1) A budget statement shall be published before the beginning of the relevant financial year.

(2) A budget statement may not be revised during the relevant financial year other than to correct errors in the statement as previously published.

(3) A revised budget statement shall be subject to regulations 3, 4, 5(2) and 6.

6.  —The LEA shall furnish the governing body and head teacher of each school maintained by them with a copy of Parts 1, 2 and 4 of the budget statement and with a copy of that part of Part 3 of the budget statement which relates to the school in question, save that if the governing body or the head teacher so request the LEA shall furnish them with a complete copy of Part 3 of the budget statement.

David Miliband

Minister of State,

Department for Education and Skills

3rd March 2003

Regulation 3(1)(a)

SCHEDULE 1 FORM OF PART 1 OF A BUDGET STATEMENT

Part 1 of a budget statement shall be in the following form.

Regulation 3(1)(b)

SCHEDULE 2 FORM OF PART 2 OF A BUDGET STATEMENT

Part 2 of a budget statement shall be in the following forms.

Regulation 3(1)(c)

SCHEDULE 3 FORM OF PART 3 OF A BUDGET STATEMENT

Part 3 of a budget statement shall be in the following forms.

Regulation 3(1)(d)

SCHEDULE 4 FORM OF PART 4 OF A BUDGET STATEMENT

Part 4 of a budget statement shall be in the following form.

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the form and contents of the budget statement of a local education authority in England for the financial year beginning on 1st April 2003 under section 52(1) of the School Standards and Framework Act 1998.

(1)

1998 c. 31. By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the powers conferred by these provisions are exercisable by the Secretary of State only in relation to England. For the meaning of “prescribed” and “regulations” see section 142(1). Paragraph (d) of subsection (2) of section 52 was inserted by the Education Act 2002 (c. 53).

(2)

1996 c. 56.

(3)

2000 c. 21.

(4)

2002 c. 53.

(5)

S.I. 2003/453.

(6)

1989 c. 42.

(7)

Report by the First Secretary of State under section 78A of the Local Government Finance Act 1988 (c. 41). Section 4 provides for the calculation of formula spending shares.

(8)

The Learning and Skills Council was established under section 1 of the 2000 Act.

(9)

Academies are established under section 482 of the 1996 Act. Section 482 was substituted by section 65 of the 2002 Act.