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The Financing of Maintained Schools Regulations 1999

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  1. Introductory Text

  2. PART I INTRODUCTION

    1. 1.Citation, commencement, application and interpretation

  3. PART II LOCAL AND INDIVIDUAL SCHOOLS BUDGET

    1. 2.Local schools budget

    2. 3.Exceptions

    3. 4.Individual schools budget for local education authorities in England

    4. 5.Individual schools budget for local education authorities in Wales

  4. PART III SCHOOLS' BUDGET SHARES

    1. 6.Determination of budget shares

    2. 7.Allocation of individual schools budget

    3. 8.Timing of initial determination of budget shares

    4. 9.Consultation

    5. 10.Formula for determination of budget shares

    6. 11.Pupil numbers

    7. 12.Places

    8. 13.Schools of a particular description

    9. 14.Discrimination by reference to category

    10. 15.Additional factors or criteria

    11. 16.Budget share adjustments

    12. 17.New schools

    13. 18.Transitional funding for schools in England

    14. 19.Redetermination of budget shares

    15. 20.Pupils permanently excluded or admitted following a permanent exclusion

    16. 21.Additional provisions for determinations and redeterminations for the financial year beginning on 1st April 1999

    17. 22.Percentage of “pupil-led” funding

    18. 23.Additional arrangements approved by the Secretary of State

    19. 24.Schools' budget shares not to be the provision of a benefit or service

  5. PART IV SCHEMES

    1. 25.Required content of schemes

    2. 26.Consultation

    3. 27.Manner of publication

    4. 28.Additional occasions when schemes require publication

  6. Signature

    1. SCHEDULE 1

      CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE WHICH MAY BE DEDUCTED FROM THE LOCAL SCHOOLS BUDGET OF A LOCAL EDUCATION AUTHORITY IN ENGLAND

      1. 1.Expenditure supported by specific grants

      2. 2.Expenditure, not falling within paragraph 1, but taken into account...

      3. 3.Special educational provision

      4. 4.Expenditure, not falling within paragraph 3, in connection with the...

      5. 5.Subject to paragraphs 6 and 7, expenditure in making the...

      6. 6.Where a pupil falls within paragraph 5(a) or (b) and...

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

      8. 8.Expenditure in respect of specialist support provided to assist the...

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

      10. 10.Expenditure for purposes connected with the encouragement of—

      11. 11.Expenditure on the provision of guidance and information to the...

      12. 12.Expenditure in relation to education otherwise than at school under...

      13. 13.Expenditure, not falling within any other paragraph of this Schedule,...

      14. 14.Expenditure on carrying out the authority’s functions under the Children...

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

      16. 16.School improvement

      17. 17.Access to education

      18. 18.(1) Expenditure on milk, meals and other refreshment pursuant to...

      19. 19.Expenditure in the financial year commencing on 1st April 1999...

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

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

      22. 22.Expenditure on the provision of tuition in music or on...

      23. 23.Expenditure which enables pupils to enhance their experience of the...

      24. 24.Expenditure on outdoor education centres but not including centres wholly...

      25. 25.Strategic management

      26. 26.Expenditure in the financial year beginning on 1st April 1999,...

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

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

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

      30. 30.Expenditure without which the education of pupils at a school...

      31. 31.Expenditure on increases to, or on the correction of errors...

      32. 32.Expenditure on establishing and maintaining electronic computer systems, including data...

      33. 33.Expenditure on insurance except to the extent that governing bodies...

      34. 34.Expenditure in making payments to, or in providing a temporary...

      35. 35.Expenditure in making payments to, or in providing a temporary...

      36. 36.Expenditure in making payments to, or in providing a temporary...

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

      38. 38.Expenditure, in relation to the financial year beginning on 1st...

      39. 39.Expenditure on licence fees or subscriptions in the financial year...

      40. 40.Expenditure in the financial year beginning on 1st April 1999...

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

    2. SCHEDULE 2

      CLASSES OR DESCRIPTIONS OF PLANNED EXPENDITURE WHICH MAY BE DEDUCTED FROM THE LOCAL SCHOOLS BUDGET OF A LOCAL EDUCATION AUTHORITY IN WALES

      1. 1.Expenditure supported by specific grants

      2. 2.Expenditure, not falling within paragraph 1, but taken into account...

      3. 3.Provision of a specialised nature

      4. 4.Expenditure, not falling within paragraph 3, in connection with the...

      5. 5.Subject to paragraphs 6 and 7, expenditure in making the...

      6. 6.Where a pupil falls within paragraph 5(a) or (b) and...

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

      8. 8.Expenditure in respect of specialist support provided to assist the...

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

      10. 10.Expenditure for purposes connected with the encouragement of—

      11. 11.Expenditure on the provision of guidance and information to the...

      12. 12.Expenditure in relation to education otherwise than at school under...

      13. 13.Expenditure, not falling within any other paragraph of this Schedule,...

      14. 14.Expenditure on carrying out the authority’s functions under the Children...

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

      16. 16.Expenditure on the provision of tuition in musical instruments or...

      17. 17.Expenditure on supporting travelling theatres so far as such expenditure...

      18. 18.Expenditure in connection with the provision of Welsh language teaching...

      19. 19.Expenditure on outdoor education centres but not including centres wholly...

      20. 20.School improvement

      21. 21.Expenditure in connection with the exercise or contemplated exercise of...

      22. 22.Expenditure in responding to a report of an inspection under...

      23. 23.Expenditure, not falling within any other paragraph of this Schedule,...

      24. 24.Access to education

      25. 25.Expenditure on— (a) meals and other refreshment (excluding milk); and...

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

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

      28. 28.Strategic management

      29. 29.Expenditure incurred in the provision of— (a) advice to schools...

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

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

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

      33. 33.Expenditure without which the education of pupils at a school...

      34. 34.Expenditure on increases to, or on the correction of errors...

      35. 35.Expenditure on establishing and maintaining electronic computer systems, including data...

      36. 36.Expenditure on insurance.

      37. 37.Expenditure in making payments to, or in providing a temporary...

      38. 38.Expenditure in making payments to, or in providing a temporary...

      39. 39.Expenditure, not falling within any other paragraph of this Schedule,...

      40. 40.Expenditure in making payments to, or in providing a temporary...

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

      42. 42.Expenditure on the repair, maintenance and cleaning of school premises....

      43. 43.Expenditure on library services and museum services for schools.

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

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

    3. SCHEDULE 3

      ADDITIONAL FACTORS OR CRITERIA WHICH MAY BE TAKEN INTO ACCOUNT IN A LOCAL EDUCATION AUTHORITY'S FORMULA UNDER REGULATION 10

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

      2. 2.Pupils for whom English or Welsh is not their first...

      3. 3.Recruitment of, the length, type or subject matter of courses...

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

      5. 5.The extent to which the authority meet the cost of...

      6. 6.The size and condition of a school’s buildings and grounds...

      7. 7.A school which has a split site in accordance with...

      8. 8.Facilities found at some schools only.

      9. 9.Rates payable in respect of the premises of each school...

      10. 10.Charges for water and sewage (including actual or estimated cost)....

      11. 11.Heating and lighting of school premises.

      12. 12.Rent payable in respect of school premises (including actual or...

      13. 13.Cleaning of school premises.

      14. 14.Transport to and from activities outside the school premises which...

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

      16. 16.In cases where the governing body are entitled, in accordance...

      17. 17.Payments in relation to a private finance transaction as defined...

      18. 18.Amounts payable to a new school established as the result...

      19. 19.Whether the school is to be discontinued in the financial...

      20. 20.School milk, meals and other refreshment: The authority may not...

      21. 21.Teachers' salaries at a school (including actual or estimated cost):...

      22. 22.Safeguarding of salaries in accordance with orders made from time...

      23. 23.Social priority allowances in accordance with orders made from time...

      24. 24.Differential costs of London weighting of salaries.

      25. 25.Social deprivation in the area from which a school derives...

      26. 26.The need for single payments to be allocated to primary,...

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

      28. 28.Schools whose budget shares would otherwise be reduced year-on-year by...

      29. 29.Contracts to which the governing body of a school are...

      30. 30.Any other factors or criteria not otherwise falling within this...

    4. SCHEDULE 4

      PROTECTED LEVEL OF FUNDING

      1. 1.(1) This Schedule applies for the purpose of determining the...

      2. 2.(1) Subject to paragraphs 6, 7 and 8, the Secretary...

      3. 3.(1) For the purposes of the formula in paragraph 2(1),...

      4. 4.For the purpose of the formula in paragraph 2(1), “c”...

      5. 5.For the purpose of the formula in paragraph 2(1), “d”...

      6. 6.(1) In the case of a special school which has...

      7. 7.The protected level of funding for the financial year beginning...

      8. 8.Where it appears to the Secretary of State that, by...

    5. SCHEDULE 5

      CONTENTS OF SCHEMES

      1. 1.The carrying forward from one financial year to another of...

      2. 2.The carrying forward from one financial year to another of...

      3. 3.Amounts which may be charged against schools' budget shares.

      4. 4.Amounts received by schools which may be retained by their...

      5. 5.The imposition, by or under the scheme, of conditions which...

      6. 6.Terms on which services and facilities are provided by the...

      7. 7.The payment of interest by or to the authority.

      8. 8.The times at which amounts equal in total to the...

      9. 9.The virement between budget heads within the delegated budget.

      10. 10.Circumstances in which the authority may delegate to the governing...

      11. 11.The use of delegated budgets and of sums made available...

      12. 12.Borrowing by governing bodies.

      13. 13.The banking arrangements that may be made by governing bodies....

      14. 14.A statement as to the personal liability of governors in...

      15. 15.A statement as to the allowances payable to governors of...

      16. 16.The keeping of a register of any business interests of...

      17. 17.The provision of information by and to the governing body....

      18. 18.The maintenance of inventories of assets.

      19. 19.Plans of a governing body’s expenditure.

      20. 20.A statement as to the taxation of sums paid or...

      21. 21.Insurance.

      22. 22.The use of delegated budgets by governing bodies so as...

      23. 23.The repayment to the Secretary of State of loans made...

      24. 24.The provision of legal advice to the governing body.

  7. Explanatory Note

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