The School Finance (England) Regulations 2012

1Citation, commencement, application and interpretation

2Revocation of previous Regulations

3The Non-Schools Education Budget

4Initial determination of a local authority’s schools budget

5The schools budget

7Determination of the individual schools budget for the funding period and limit on increase in central expenditure

9Formulae for determination of budget shares etc

10Determination of allocation of budget shares etc for the funding period

11Delegated budgets for new schools

12Redetermination of schools budgets and individual schools budgets

13Applications to the schools forum and the Secretary of State

14Pupil numbers

16Special arrangements for pupils in maintained nursery schools and nursery classes and for children receiving relevant early years provision

17Differential funding

18Additional factors or criteria

19Minimum funding guarantee

20Sixth form funding

21New, reorganised and closing schools

22Federated schools

23Pupils permanently excluded from, or leaving, maintained schools

24Correction of errors and changes in non-domestic rates

25Additional arrangements approved by Secretary of State or the schools forum

26Required content of schemes

27Approval by the schools forum or the Secretary of State of proposals to revise schemes

28Publication of schemes

SCHEDULE 1CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE NON-SCHOOLS EDUCATION BUDGET OF A LOCAL AUTHORITY

1Special educational provision

2Expenditure in connection with the authority’s functions under sections 321...

3Expenditure on monitoring the provision for pupils in schools (whether...

4Expenditure on collaboration with other statutory and voluntary bodies to...

5Expenditure in connection with— (a) the provision of parent partnership...

6Expenditure on carrying out the authority’s child protection functions under...

7Expenditure incurred in entering into, or subsequently incurred pursuant to,...

8Expenditure on the provision of special medical support for individual...

9School improvement

10Access to education

11Expenditure arising from the authority’s functions under Chapter 2 of...

12Expenditure on the provision of support for students under regulations...

13Expenditure on discretionary grants paid under section 1(6) or 2...

14Expenditure on the payment of 16-19 Bursaries.

15Expenditure on the provision of tuition in music, or on...

16Expenditure incurred in enabling pupils to enhance their experience of...

17Expenditure on outdoor education centres, but not including centres wholly...

18Additional education and training for children, young persons and adults

19Expenditure on the provision by the local authority under sections...

20Strategic management

21Other functions

22Expenditure on establishing and maintaining those electronic computer systems, including...

23Expenditure on monitoring National Curriculum assessment arrangements required by orders...

24Expenditure in connection with the authority’s functions in relation to...

25Expenditure in respect of the dismissal or premature retirement of,...

26Expenditure in respect of a teacher’s emoluments under section 19(9)...

27Expenditure in respect of the functions of an appropriate body...

28Expenditure on the appointment of governors, the making of instruments...

29Expenditure on making pension payments, other than in respect of...

30Expenditure on insurance, other than for liability arising in connection...

31Expenditure in connection with powers and duties performed under Part...

SCHEDULE 2CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE PRESCRIBED FOR THE PURPOSES OF THE SCHOOLS BUDGET OF A LOCAL AUTHORITY WHICH MAY BE DEDUCTED FROM IT TO DETERMINE THE INDIVIDUAL SCHOOLS BUDGET

1Expenditure to support grants which fall within the definition of the schools budget

2Threshold and performance pay

3Special educational provision

4Where a pupil falls within paragraph 3(a) or (b) and—...

5Expenditure on making the provision specified in a pupil’s statement...

6Expenditure in respect of pupils with statements of special educational...

7Expenditure on support services for pupils who have a statement...

8Expenditure for the purposes of encouraging— (a) collaboration between special...

9Expenditure incurred in relation to education otherwise than at school...

10Expenditure (other than expenditure referred to in Schedule 1 or...

11Expenditure on the payment of fees in respect of pupils...

12Expenditure on payments to another local authority pursuant to section...

13Access to education

14Expenditure on milk and meals pursuant to section 512, 512ZA,...

15Expenditure on the repair and maintenance of a school kitchen...

16Expenditure on determining the eligibility of a pupil for free...

17Expenditure pursuant to section 18 of the 1996 Act in...

18Remission of boarding fees payable in connection with the attendance...

20Expenditure on making payments to, or in providing a temporary...

21Expenditure on Advanced Skills Teachers undertaking outreach work in a...

22Expenditure on making payments to, or in providing a temporary...

23Expenditure on making payments to, or in providing a temporary...

24Expenditure, not falling within Schedule 1, in relation to the...

25Expenditure on pay arrears due to staff employed at maintained...

26Other expenditure

27Expenditure on insurance in respect of liability arising in connection...

28Expenditure on services to schools provided by museums and galleries....

29(1) Subject to paragraph (2), expenditure on library services for...

30Expenditure on licence fees or subscriptions paid on behalf of...

31Expenditure incurred in connection with the authority’s functions under section...

32Expenditure on allocations to the governing body of a school...

33Expenditure for purposes not falling within any other paragraph of...

34CERA incurred for purposes not falling within any other paragraph...

35Expenditure on practical and applied learning not met from maintained...

36Expenditure on— (a) prudential borrowing; (b) termination of employment costs,...

37Expenditure on contingencies arising from any adjustment of the formula...

38Expenditure on the purchase of CRC allowances.

39Expenditure for the purposes of— (a) improving the performance of...

40Expenditure on the writing-off of deficits of schools which are...

SCHEDULE 3ADDITIONAL FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT IN A LOCAL AUTHORITY’S FORMULA UNDER REGULATION 18

1Special educational needs of pupils determined in a manner that...

2Pupils for whom English is not their first language.

3Turnover of pupils other than as part of the general...

4Admission arrangements at a school.

5The size, condition and characteristics of a school’s buildings and...

6Where a school has a split site the funding must...

7Such physical facilities, organisational facilities or communications facilities as are...

8Non-domestic rates payable in respect of the premises of each...

9Use of energy by schools.

10Rent payable in respect of school premises or payments in...

11Transport to and from activities outside school premises which form...

12Hire of facilities outside school premises (including actual or estimated...

13Insurance: the funding must be equal to the amount which...

14Payments in relation to a private finance initiative (including actual...

15Where a school has been established or has become the...

16Where a school is to be discontinued during the financial...

17School milk, meals and other refreshment: the authority may not...

18Salaries at a school, the funding of which must be...

19Safeguarding of salaries in accordance with a document referred to...

20The differential in recruitment and retention costs in different areas...

21The need for single payments to be allocated to nursery,...

22The need for payments to be allocated to schools, of...

23Where schools budget shares would otherwise be reduced year-on-year by...

24Contracts by which the governing body of a school are...

25Effect of taxation on schools.

26Housing development leading to a reduction in numbers on roll...

27Such items of expenditure in connection with provision for pupils...

28Incidence of qualified teachers who have been qualified for fewer...

29Incidence of pupils from ethnic minority groups having below average...

30Incidence of nursery classes and places which the authority have...

31Prior attainment of pupils entering a school.

32Advanced Skills Teachers employed at a school.

33Infant classes and places in infant classes not funded under...

34Incidence of any element of teachers’ salaries relating to threshold...

35Payments in respect of gifted and talented pupils.

36Any amount which replicates part of or all of the...

37Where a school is federated with one or more other...

38In this Part, any reference to— (a) “pupils” includes children...

PART 2Applicable only to budget shares for, and amounts to be allocated to, providers of prescribed early years provision

39The need to improve the quality of provision by particular...

40The degree of flexibility in the hours of attendance that...

41The need to secure or sustain a sufficiency of prescribed...

SCHEDULE 4MINIMUM FUNDING GUARANTEE

1Primary and secondary schools

2Subject to paragraphs 3 and 4, the guaranteed funding level...

3(1) Except where paragraph 4 applies, where the relevant number...

4Where a school opens during the funding period, and is...

5Special schools

6For the purposes of this Schedule, “PFI” means Private Finance...

SCHEDULE 5CONTENTS OF SCHEMES

2012 No. 335

Education, England

The School Finance (England) Regulations 2012

Made8th February 2012

Laid before Parliament16th February 2012

Coming into force15th March 2012

The Secretary of State for Education makes the following Regulations in exercise of powers conferred by sections 45A1, 45AA2, 473, 47ZA4, 47A(4)5, 48(1) and (2)6, 49(2) and (2A)7 and 138(7) of, and paragraph 2B8 of Schedule 14 to, the School Standards and Framework Act 19989 and section 24(3) of the Education Act 200210.