The School and Early Years Finance (England) (No. 2) Regulations 2018

Additional requirements, factors or criteria

20.—(1) Subject to paragraph (3), in determining budget shares for schools maintained by it (other than special schools, pupil referral units and nursery schools), a local authority may take into account in its formula any or all of the requirements, factors or criteria in Part 1 of Schedule 3, and where it does the date for ascertaining pupil numbers is 4th October 2018, except where these Regulations provide otherwise.

(2) Subject to regulation 23, in determining—

(a) budget shares for nursery schools maintained by it;

(b) amounts to be allocated in respect of nursery classes in schools maintained by it;

(c) amounts to be allocated to relevant early years providers in its area; and

(d) amounts to be allocated in respect of community early years provision in schools maintained by it,

a local authority may, in its formula, provide additional funding to the provider, taking into account any or all of the factors in Part 2 of Schedule 3.

(3) The requirements, factors and criteria in Schedule 3 may not be taken into account by a local authority on the basis of actual or estimated cost unless otherwise stated in that Schedule.

(4) Subject to paragraphs (5) to (10), where a school would otherwise receive a greater amount of redetermined adjusted budget share per pupil than it did in the previous funding period, the local authority may do one or both of the following—

(a) determine a percentage beyond which the per pupil amount of redetermined adjusted budget may not increase;

(b) determine a percentage by which the amount that the per pupil redetermined adjusted budget share would otherwise increase by will be reduced.

(5) In paragraph (4) “redetermined adjusted budget share for the previous funding period” and “redetermined adjusted budget share” have the same meanings as in Schedule 4.

(6) Where the local authority decides to take one or both of the actions described in paragraph (4)(a) and (b), this must be applied to the budget shares of all schools in the local authority area.

(7) Paragraphs (8) and (9) apply where the local authority—

(a) decides to take one or both of the actions described in paragraph (4)(a) and (b); and

(b) takes into account either of the factors in paragraphs 16 or 17 of Schedule 3 in its formula.

(8) The local authority must ensure that no school in the area receives a budget share that is less than the amount it would have received if it had received funding by virtue of—

(a) the factor in paragraph 16 of Schedule 3, where that factor is taken into account; or

(b) the factor in paragraph 17 of Schedule 3, where that factor is taken into account.

(9) Where the local authority takes into account both of the factors in paragraphs 16 and 17 of Schedule 3, it must ensure that no school in the area receives a budget share that is less than the largest of the amounts determined by the authority under those two factors.

(10) Paragraph (4) does not apply to the determination of budget shares for—

(a) special schools;

(b) pupil referral units;

(c) nursery schools;

(d) any school that has opened since 1 April 2012 and does not yet have pupils in each year group for which it proposes to provide education; and

(e) any school that receives funding by virtue of the factors in paragraphs 16 or 17 of Schedule 3.