The School and Early Years Finance and Childcare (Provision of Information About Young Children) (Amendment) (England) Regulations 2024

Regulation 4

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

Special educational provision

1.  Expenditure on services provided by educational psychologists.

2.  Expenditure in connection with the local authority’s functions under sections 22, 36, 37(1) and 44 of the 2014 Act (which functions relate to the identification of children and young people with special educational needs and disabilities; the assessment of education, health and care needs; and the preparation and review of EHC plans).

3.  Expenditure on monitoring the provision for pupils in schools for the purposes of disseminating good practice in relation to, and improving the quality of educational provision for, children with special educational needs.

4.  Expenditure on collaboration with other statutory and voluntary bodies to provide support for children with special educational needs.

5.  Expenditure in connection with—

(a) the provision of parent partnership services (that is, services provided under section 32 of the 2014 Act to give advice and information to parents of children with special educational needs), or other guidance and information to such parents which, in relation to pupils at a school maintained by the authority, are in addition to the information usually provided by the governing bodies of such schools; and

(b) arrangements made by the authority with a view to avoiding or resolving disagreements with the parents of children with special educational needs.

6.  Expenditure on carrying out the authority’s child protection functions under the 1989 Act, functions under section 175 of the 2002 Act(2) (duties in relation to welfare of children), and other functions relating to child protection.

7.  Expenditure incurred in entering into, or subsequently incurred under, an arrangement under section 31 of the Health Act 1999(3) or regulations made under section 75 of the National Health Service Act 2006(4) (arrangements between NHS bodies and local authorities).

Access to education

8.  Expenditure in relation to planning and managing the supply of school places, including the authority’s functions in relation to the establishment, alteration or discontinuance of schools under Part 2 of, and Schedule 2 to, the 2006 Act.

9.  Expenditure in relation to the authority’s functions under sections 508A to 509A(5) of the 1996 Act.

10.  Expenditure on the provision of support for students under regulations made under section 1(1) of the Education Act 1962(6) and under section 22 of the Teaching and Higher Education Act 1998(7).

11.  Expenditure on discretionary grants paid under section 1(6) or 2 of the Education Act 1962 (awards for designated and other courses).

12.  Expenditure on the payment of 16-19 Bursaries(8).

Additional education and training for children, young persons and adults

13.  Expenditure on the provision of education and training and of organised leisure time occupation, and other provision under sections 15ZA, 15ZC and 15B of the 1996 Act(9).

14.  Expenditure on the provision by the local authority under sections 507A and 507B of the 1996 Act(10) of recreation, social and physical training, educational leisure time activities and recreational leisure time activities.

Other functions

15.  Expenditure in pursuance of a binding agreement, where the other party is a local authority, or the other parties include one or more local authorities, in relation to the operation of a facility provided partly, but not solely, for the use of schools.

16.  Expenditure on making pension payments, other than in respect of staff employed in maintained schools.

17.  Expenditure on insurance, other than for liability arising in connection with maintained schools or maintained school premises.

(1)

Section 37 was amended by S.I. 2015/914.

(2)

Section 175 was amended by section 1 of the Education and Training (Welfare of Children) Act 2021 (c. 16) and by S.I. 2010/1158.

(3)

1999 c. 8. Section 31 was repealed by section 6 of, and Schedule 4 to, the National Health Service (Consequential Provisions) Act 2006 (c. 43) but section 4 of, and paragraph 1 of Schedule 2 to, that Act contain a savings provision which means that arrangements made under section 31 of the 1999 Act continue to have effect as if made under section 75 of the National Health Service Act 2006.

(4)

2006 c. 41.

(5)

Sections 508A to 509A were inserted by section 124 of the 1998 Act, section 199 of, and paragraphs 4 and 5 of Schedule 19 to, the 2002 Act, sections 76 to 78 and 84 of the 2006 Act and by sections 56, 57 and 59 of, and paragraph (10) of Schedule 2 to, the 2009 Act. They were amended by section 103(1) of, and paragraph 23 of Schedule 2 to, the Childcare Act 2006 and section 54 of, and paragraphs 9(1) to (12) of Schedule 13 to, the 2011 Act and by S.I. 2010/1158.

(6)

1962 c. 12. The Education Act 1962 was repealed by the Teaching and Higher Education Act 1998 (c. 30) with transitional savings provisions. The repeal does not affect the continued operation of the provisions that relate to the making of subordinate legislation. Relevant regulations made under section 1(1) of the Education Act 1962 are the Education (Mandatory Awards) Regulations 2003 (S.I. 2003/1994). These regulations describe the designated courses and methodology for calculating grants.

(7)

1998 c. 30.

(8)

A 16-19 Bursary is financial assistance under section 14 of the 2002 Act paid to, or in respect of, a person who is aged 16 to 19 in connection with undertaking any course or training.

(9)

Sections 15ZA and 15ZC were inserted by sections 41 and 42 of the 2009 Act and amended by S.I. 2010/1158 and 2015/1852. Section 15ZA was amended by section 82 of, and paragraphs 1 and 5 of Schedule 3 to, the 2014 Act, section 64(3) of, and paragraphs 42 and 44 of Schedule 14 to, the Deregulation Act 2015 (c. 20). Section 15B was inserted by section 149 of, and paragraphs 1 and 55 of Schedule 9 to, the Learning and Skills Act 2000 (c. 21) (“the 2000 Act”) and amended by section 82 of, and paragraphs 1 and 7 of Schedule 3 to, the 2014 Act and S.I. 2010/1158.

(10)

Sections 507A and 507B were inserted by section 6(1) of the 2006 Act and amended by section 82 of, and paragraphs 1 and 45 of Schedule 3 to, the 2014 Act, S.I. 2010/1080 and 1158 and 2016/1197.