The School and Early Years Finance (England) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for local authorities’ financial arrangements in relation to the funding of maintained schools and providers of funded early years provision in England, for the financial year 2022-2023.

The School and Early Years Finance (England) Regulations 2020 (S.I. 2020/83) are revoked on 1st April 2022. The School and Early Years Finance (England) Regulations 2021 (S.I. 2021/59) remain in force.

These Regulations define the non-schools education budget (regulation 4 and Schedule 1), the schools budget (regulation 6 and Schedule 2), central expenditure and the individual schools budget (regulation 8 and Schedule 2). They require local authorities to determine budget shares for schools maintained by them and amounts to be allocated in respect of early years provision in their areas, in accordance with the appropriate formulae (regulations 10 and 11). They impose a minimum per pupil amount (regulation 22) and a minimum funding guarantee for schools (regulation 23 and Schedule 4). There is a requirement to pass 95 per cent of funding to early years providers (regulation 24) and a ten per cent limit on the amount of funding that may be attributable to the discretionary (supplementary) part of the early years formulae (regulation 25). There are also requirements in relation to local authorities’ schemes (regulation 32 and Schedule 5). Regulation 19 makes provision in the event that a school enters into a Risk Protection Arrangement.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.