Special arrangements for pupils in maintained nursery schools and nursery classes and for children receiving relevant early years provision, exempt early years provision and community early years provision
16.—(1) Subject to paragraphs (5) and (6), in determining—
(a)budget shares for nursery schools maintained by them;
(b)amounts to be allocated in respect of nursery classes in schools maintained by them;
(c)amounts to be allocated to relevant early years providers in their area;
(d)amounts to be allocated to exempt early years providers in their area; and
(e)amounts to be allocated in respect of community early years provision in schools maintained by them,
a local authority must take into account in their formula the predicted total number of hours of attendance of pupils or children, using as a basis for the calculation the most recent data available about the actual numbers of pupils or children.
(2) When further information about hours of attendance becomes available a local authority must—
(a)review the budget share for each maintained nursery school, the amount allocated in respect of each nursery class and the amount allocated in respect of community early years provision; and
(b)redetermine that budget share or amount allocated, as the case may be.
(3) When carrying out a review and redetermination under paragraph (2) the local authority must—
(a)in the case where the local authority decide to fund only prescribed early years provision, take into account—
(i)the predicted total number of hours of attendance of pupils in the nursery school or nursery class, and children being provided community early years provision, who will receive prescribed early years provision during the period (using as a basis for the calculation the actual hours of such attendance in each of at least three sample weeks); or
(ii)the actual total number of hours of such attendance for the period;
(b)in the case where the local authority decide to fund early years provision in excess of that which is prescribed take into account—
(i)the predicted total number of hours of attendance of pupils in the nursery school or nursery class, and children being provided community early years provision, who will receive early years provision during the period (using as a basis for the calculation the actual hours of such attendance in each of at least three sample weeks); or
(ii)the actual total number of hours of such attendance for the period.
(4) When further information about hours of attendance becomes available, a local authority must—
(a)review the amount allocated to each relevant early years provider and exempt early years provider; and
(b)redetermine the amount allocated.
(5) When carrying out a review and redetermination under paragraph (4) the local authority must take into account—
(a)the predicted total number of hours of attendance of children who will receive prescribed early years provision from the relevant early years provider, or exempt early years provision from the exempt early years provider as the case may be, during the period (using as a basis for the calculation the actual hours of such attendance in each of at least three sample weeks); or
(b)the actual total numbers of hours of such attendance for the period.
(6) Within 28 days of making any redetermination pursuant to paragraph (2) or (4) the local authority must give notice of the redetermination and the date on which it will be implemented to the governing body of the school, the relevant early years provider, or the exempt early years provider concerned, within 28 days of the redetermination.
(7) When making determinations under this regulation a local authority may weight the predicted total number of hours of attendance of pupils or children, according to the special educational needs of any such pupils or children.
(8) When determining—
(a)budget shares for nursery schools maintained by them;
(b)amounts to be allocated in respect of nursery classes in schools maintained by them;
(c)amounts to be allocated to relevant early years providers in their area;
(d)amounts to be allocated to exempt early years providers in their area;
(e)amounts to be allocated in respect of community early years provision in schools maintained by them,
a local authority may take into account in their formula the number of places they wish to fund in the school, class or provider (instead of the predicted total number of hours of attendance), where those places have been reserved by the authority for children with special educational needs, children in need or children that meet the condition prescribed by regulation 3(2) of the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2012(1).
(9) In paragraph (8) “children in need” means children in respect of whom the local authority in whose area they reside must provide a range of services appropriate to their needs under section 17 of the Children Act 1989(2).