2004 No. 1279

EDUCATION, ENGLAND

The Education (Outturn Statements) (England) Regulations 2004

Made

Laid before Parliament

Coming into force

In exercise of the powers conferred upon the Secretary of State by sections 52(2), (3) and (4) and 138(7) of the School Standards and Framework Act 19981, the Secretary of State for Education and Skills hereby makes the following Regulations:

Citation, commencement and application1

1

These Regulations may be cited as the Education (Outturn Statements) (England) Regulations 2004 and come into force on 1st June 2004.

2

These Regulations apply only in relation to England and only in relation to the financial year beginning on 1st April 2003.

Interpretation2

1

In these Regulations—

  • “the 1996 Act” means the Education Act 19962;

  • “the 1998 Act” means the School Standards and Framework Act 1998;

  • “the 2000 Act” means the Learning and Skills Act 20003;

  • “the 2002 Act” means the Education Act 20024;

  • “the 2003 Outturn Regulations” means the Education (Outturn Statements) (England) Regulations 20035;

  • “the 2003 Regulations” means the Financing of Maintained Schools (England) (No.2) Regulations 20036;

  • “Academy” means an independent school funded by the Secretary of State under section 482 of the 1996 Act7;

  • “AEF” means aggregate external finance;

  • “allocation formula” means the LEA’s formula under regulation 10 of the 2003 Regulations used to determine schools' budget shares;

  • “budget statement” means the statement referred to in section 52(1) of the 1998 Act;

  • “CERA” means capital expenditure which a LEA expect to charge to a revenue account of the LEA as defined in section 41(2) of the Local Government and Housing Act 19898;

  • “factor” means one of the factors or criteria taken into account in the allocation formula;

  • “FE” means further education; “HE” means higher education;

  • “ICT” means information and communication technology;

  • “LEA” means a local education authority;

  • “maintained school” means a maintained nursery school, a community, foundation or voluntary school or a community or foundation special school;

  • “NMSS” means non-maintained secondary school;

  • “outturn statement” means the statement referred to in section 52(2) of the 1998 Act;

  • “PRC” means premature retirement costs;

  • “school” means a maintained school;

  • “SEN” means special educational needs;

  • “special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act;

  • “SSG” means the grant known as School Standards Grant and is the sum of money paid under that name to a LEA by the Secretary of State under section 14 of the 2002 Act;

  • “Standards Fund balance” means any balance from a Standards Fund grant paid under section 14 of the 2002 Act;

  • “statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act; and

  • “youth service” means services provided pursuant to the exercise of the LEA’s functions under section 15139 or 508 of the 1996 Act or section 114 of the 2000 Act.

2

In these Regulations, unless the context otherwise requires, references to primary or secondary schools do not include special schools.

Revocation and saving3

1

The 2003 Outturn Regulations are revoked.

2

Notwithstanding paragraph (1) above, the 2003 Outturn Regulations continue to apply in relation to the financial year beginning on 1st April 2002.

Prescribed form of, and information to be contained in, outturn statements4

An outturn statement is prepared in two parts—

a

Part 1 is in the form prescribed in Schedule 1 and contains information as to how the planned expenditure specified in the LEA’s budget statement for the LEA as a whole for the financial year beginning on 1st April 2003 was actually incurred, or treated by the LEA as having been incurred, both by the schools maintained by the LEA and by the LEA, including expenditure on Academies;

b

Part 2 is in the form prescribed in Schedule 2 and contains information about the LEA’s planned expenditure, the expenditure actually incurred, or treated by the LEA as having been incurred, and other resources allocated by the LEA, for each school for the financial year beginning on 1st April 2003.

Prescribed manner and time of publication of outturn statements5

1

For the purposes of section 52(3)(b) of the 1998 Act, every outturn statement is published by—

a

supplying a copy to the Secretary of State for Education and Skills; and

b

making a copy available for inspection at all reasonable times and free of charge—

i

at each principal education office of the LEA; and

ii

on a website maintained by the LEA and accessible to the public.

2

An outturn statement must be published before 10th October 2004.

3

An outturn statement must be revised if the LEA discover any errors.

4

A revised outturn statement is subject to regulations 4, 5(1) and 5(3).

David MilibandMinister of StateDepartment for Education and Skills

SCHEDULE 1FORM OF PART 1 OF AN OUTTURN STATEMENT

Regulation 4(a)

Part 1 of an outturn statement is in the following form.

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SCHEDULE 2FORM OF PART 2 OF AN OUTTURN STATEMENT

Regulation 4(b)

Part 2 of an outturn statement is in the following form.

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(This note is not part of the Regulations)

These Regulations prescribe the form and contents of the outturn statement of a local education authority in England under section 52(2) of the School Standards and Framework Act 1998, for the financial year beginning on 1st April 2003. The statement gives details of expenditure by the local education authority, and of other resources allocated by them to schools which they maintain, during the financial year to which it relates.