The School Finance (England) (Amendment) Regulations 2010

Statutory Instruments

2010 No. 210

Education, England

The School Finance (England) (Amendment) Regulations 2010

Made

4th February 2010

Laid before Parliament

11th February 2010

Coming into force

8th March 2010

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 47, 48, and 138(7) of and paragraph 1(7) of Schedule 14 to the School Standards and Framework Act 1998(1):

Citation, commencement and application

1.—(1) These Regulations may be cited as the School Finance (England) (Amendment) Regulations 2010 and come into force on 8th March 2010.

(2) These Regulations apply only in relation to England.

Amendment of the School Finance (England) Regulations 2008

2.  The School Finance (England) Regulations 2008(2) are amended in accordance with the following regulations.

3.  In regulation 1(4)—

(a) after the definition of “the 2006 Act”, insert—

““the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 2009(3);”;

(b) for the definition of “admission number”, substitute—

““admission number” means the number of children in any relevant age group intended to be admitted in any school year as determined or, where the context requires, proposed to be determined by an admission authority in accordance with section 88D of the 1998 Act(4);”;

(c) for the definition of “specific grant”, substitute—

““specific grant” means any grant (other than the Dedicated Schools Grant or any grant made by the LSC under section 7 of the 2000 Act or by the YPLA under section 61 of the 2009 Act) paid to a local authority under conditions which impose restrictions on the particular purposes for which the grant may be used;”;

(d) at the end of the definition of “termination of employment costs”, for the full stop substitute a semi-colon;

(e) after the definition of “termination of employment costs”, insert—

““YPLA” is the Young People’s Learning Agency for England(5);”.

4.  In regulation 15—

(a) in paragraph (2)—

(i) in sub-paragraph (a)(i), for “recognised as” substitute “have”; and

(ii) in sub-paragraph (b), after “(sixth form pupils)” insert “or the YPLA (sixth form pupils)”.

(b) at the end of paragraph (4)(h), omit “and”; and

(c) at the end of paragraph (4)(i), for the full stop substitute a semi-colon and after paragraph (4)(i) insert—

“(j) whether the pupil is registered at more than one maintained school;”.

5.  In regulation 21—

(a) in paragraph (1), after “LSC” insert “or the YPLA”;

(b) in paragraph (3), after “LSC’s” insert “or the YPLA’s”; and

(c) in paragraph (4), after “LSC” insert “or the YPLA”.

6.  In regulation 23(2), after “section 7 of the 2000 Act” insert “or by the YPLA under section 61 of the 2009 Act”.

7.  For regulation 28, substitute—

“28.— (1) A local education authority—

(a) must publish their scheme on a website which is accessible to the general public; and

(b) may publish it elsewhere, in such manner as they see fit.

(2) Whenever a local education authority revise the whole or part of their scheme they must publish the scheme as revised on a website which is accessible to the general public by the date that the revisions are due to come into force, together with a statement that the revised scheme comes into force on that date.”.

8.  In paragraph 1(a) of Schedule 4, after “Act” insert “or by the YPLA under section 61 of the 2009 Act”.

Vernon Coaker

Minister of State

Department for Children, Schools and Families

4th February 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make a number of minor amendments to the School Finance (England) Regulations 2008, including amendments to—

(a) take account of the establishment of the Young People’s Learning Agency for England;

(b) allow local education authorities to weight pupil numbers according to whether pupils are registered at more than one maintained school, when determining and redetermining budget shares; and

(c) require local education authorities to publish their financial schemes on a website accessible to the general public.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen

(1)

1998 c.31. Section 47 was amended by paragraph 6 of Schedule 16 to the Education Act 2005 (c. 18), section 48 amended by paragraph 2 of Schedule 3 to the Education Act 2002 (c.32) and paragraph 1(7) of Schedule 14 was substituted by paragraph 5 of Schedule 5 to the Education and Inspections Act 2006 (c.40). For the meaning of “prescribed” and “regulations”, see section 142(1).

(2)

S.I. 2008/228.

(3)

2009 c.22.

(4)

1998 c.31. Section 88D was inserted by section 151(1) and (4) of the Education and Skills Act 2008 (c.25).

(5)

The Young People’s Learning Agency for England is established under section 60 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22).